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(영문) 인천지방법원 부천지원 2017.05.26 2017고단11
상해등
Text

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

Reasons

Punishment of the crime

1. On December 7, 2016, at the bus stops located in Kimpo-si, Kimpo-si, 17:20 on December 7, 2016, the Defendant assaulted the victim C (31 years of age) by taking the victim's head debt in hand and taking the victim's head face several times.

2. On December 7, 2016, at around 17:40 around 17:40, the Defendant reported 112 victims D (Woo 64 years old) who observed the above assault case, and inflicted injury on the victim’s head and body, etc., such as a string of a chest complete wall that requires three weeks of treatment due to the Defendant’s drinking and growth, when the victim’s head and body, etc. were turned out by a son who gets away from the Defendant, and turned out the victim’s head and body on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. A written diagnosis of injury;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes to photographs of each victim and parts of the victim DNA damage;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (the scope of recommended punishment) and No. 1 Crimes (the general injury) are the basic area (from April to one year and six months) (the person who has no special sentencing factor);

(b) Minor injury (2 and 4 types) in the mitigation area (one month to eight months) (special mitigation person) of Type 1 (general assault) of the Act on the Punishment, etc. of Crimes No. 2 (Scope of Recommendation).

2. The scope of final sentence due to the aggravation of multiple offenses: April to October; and

3. Circumstances disadvantageous to the determination of sentence: A victim D who has observed his/her criminal act reported to the police by the defendant, and was injured by him/her when he/she driving away from the defendant; the nature of the crime is not very good; the degree of assault against the victim D is not easy; and the investigative agency is the victim.

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