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(영문) 서울서부지방법원 2018.08.14 2018고단1597
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for eight months in Seoul Southern District Court on February 28, 2017 for obstruction of and injury to official duties.

9.6. The execution of shall be completed.

[2] On April 2, 2018, the Defendant: (a) sought her mother conference with the victim E (31) on the road of “Del located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on April 2, 2018; and (b) sought her mother conference with the victim E (31); and (c) brought about injury to the victim, such as her alley, which requires approximately three weeks of treatment on the part of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate or a part of the victim's assault;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act;

1. Aggravation of repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 14 years;

2. Application of the sentencing criteria [the types of determination] and the factors of aggravation [the person subject to special sentencing] of the general injury (the person subject to special sentencing] of violent crimes - the area of aggravation of identical repeated crimes [the area of recommendation and the scope of punishment], six months to two years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months (for favorable circumstances), contingent crimes between friendship (for unfavorable circumstances), period of repeated crimes, majority of the same forces, and non-agreement during the period of repeated crimes;

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