logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.07.24 2017고단2780
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

1. On August 5, 2017, the Defendant: (a) around 11:10 on August 5, 2017, in the stairs of the first floor of Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant: (b) caused the victim, such as the victim’s flab, who was flabed with flab, and the wheels of the victim’s arms, flab, and flabing the victim’s arms in need of approximately two weeks of treatment; (c) caused the victim’s injury to himself/herself.

2. The Defendant damaged the property of the victim, such as breaking shots equivalent to KRW 10,00,00 in the market price owned by the victim C at the time and place described in paragraph 1, and breaking knife the knife on the floor.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against C;

1. A photograph of damage and a written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims and witnesses);

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Imprisonment with prison labor under Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage to property), and choice of imprisonment;

1. Aggravation of concurrent crimes: Reasons for sentencing (to the extent that the punishment is aggravated by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated by adding up the long-term punishment of two crimes),

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Basic crime: One type of injury [the types of general injury] (the person subject to special sentencing] and mitigation element of injury (the area of recommendation and recommendation range) - Insignificant injury [the area of recommendation and recommendation range] mitigation range, two months to one year;

(b) Concurrent Crimes: One type of crime of destruction of property (the type of decision) (the general standard for the crime of destruction of property, etc.) [the person subject to special sentencing] mitigation element - Where actual damage is insignificant (the area of recommendation and the scope of recommended punishment] mitigation area, one month to six months of imprisonment; and

(c) Criteria for handling multiple crimes: Two months to one year (the lowest limit shall be two months, which is the lowest limit of the scope of sentence for basic crimes, and the upper limit shall be one year, which is the maximum limit of the scope of sentence for basic crimes, plus three months, which is 1/2 of the upper limit of the scope of sentence for concurrent crimes);

3. Determination of sentence;

arrow