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(영문) 서울동부지방법원 2014.07.24 2014고단1253
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2014, the Defendant, on March 30, 2014, went to a meeting of the victim’s body due to his/her hand and he/she, on the road of the two buildings in front of 360-1, a ridge-dong, Gwangjin-gu, Seoul Special Metropolitan City, and on the ground that the victim C(23 years of age) was unable to be under the influence of alcohol.

As a result, the defendant injured the victim by getting the victim to be able to know the number of days of treatment.

2. On May 10, 2014, the Defendant: (a) around 07:10 on May 10, 2014, 2014, around 07:07:10, from the stairs of a Gun-based station located underground in 550, on the ground that the victim D (69 years of age) who was under the influence of alcohol was fluoring in the snow at the same place, was fluoring twice the victim’s chest on drinking; (b) 3 times the victim’s amborts, and ambre the victim from the stairs.

As a result, the Defendant inflicted an injury on the victim, such as salt ties, tensions, and detailed cerebral rupture in which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, C, and F;

1. A photograph of each damage;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act of probation and community service order, crimes Nos. 1 [the scope of recommendation] of category 1 (the scope of general injury) and the basic area (4-1-6 months) (the scope of recommendation) of category 1 (the scope of recommendation), the mitigation area (2-1 year), the mitigation area (2-1 year), the mitigation area (including a special mitigation), or considerable damage (including a serious effort for recovery of damage), or the recovery of considerable damage): the final sentencing scope following the aggravation of multiple crimes: 4-2 years (the decision of sentence): the crime of this case is committed by the defendant by assaulting the elderly or the elderly in the site of life, without any special reason, and it is not good that the crime of this case is committed.

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