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(영문) 수원지방법원 2017.03.16 2016고단2317
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 2, 2016, the injured Defendant: (a) around 02:40, on the ground that the victim C (the 56-year-old age), which was operated by the victim C (the 56-year-old age), did not add the victim’s singing, and (b) caused approximately 5 minutes of the victim’s hair crying so that the victim could not sing the victim’s hair, thereby causing approximately 3 weeks of medical treatment.

2. The defendant who damages property shall have other customers in order to avoid violence on the date and place mentioned in paragraph (1);

2 In a way that scarba, which were in the air conditioners above, was destroyed by a scarba, approximately 90 Kascju, approximately 10 knitjus, and approximately 10 knits (which are equivalent to 660,000 won in the Do) on the inner floor of the scarba.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of subparagraph (C) of a photograph of damage or injury;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the period of concurrent crimes (only the period of two crimes above shall be aggregated) of the Criminal Act with heavy injury) of the Act on the Aggravated Punishment of Concurrent Crimes;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of recommending punishment) and the basic area (from April to one year and six months) (no person who has a special sentencing sentencing) for the general injury of category 1 (general injury)

(b) The scope of the final sentence due to the increase of multiple offenses, for which the basic area (from April to October) (no person subject to special sentencing) of Category 1 (Destruction of Property, etc.) is based on the general standard of the crimes of Category 2 (Destruction of Punishment): April to November 1.

2. The decision-making victim of the sentence appears to have had a considerable mental or physical suffering and property damage caused by the instant crime. The Defendant did not endeavor to recover the damage.

The defendant has been subject to a fine four times as a crime accompanied by violence between 2011 and 2015.

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