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(영문) 서울북부지방법원 2016.05.12 2014고단4153
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant and the victim B(63) are those who work as security guards in the apartment C of Gangnam-gu Seoul Metropolitan Government.

At around 07:40 on September 9, 2014, the Defendant, as a matter of the separate collection site cleaning at the front of the first place in charge of the expenses in the above apartment complex, caused the injury to the victim, such as the complete escape and face of the victim, by drinking, on the ground that the victim's back head and face are faced, and continued to enter the first place in order to see the victim's face, who had been seated in the front place in order to take about 30 days of treatment.

Summary of Evidence

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. A report on investigation (the photographs taken, such as the scene submitted by the victim and the front shot of the victim);

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting person);

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The basic area (one month to one year and six months) of the recommended punishment on the sentencing criteria (the scope of the recommended punishment) (the person who has no special sentencing seal).

3. Determination of sentence: Taking into account the following circumstances: (a) the Defendant, who is dissatisfied with the victim’s business division, caused the victim to commit the instant crime; (b) when the victim’s back head and face is taken food; and (c) when driving away the victim who is seated by driving away the victim at the beginning of the crime; (d) the victim’s face is serious; (c) the victim’s injury level and degree is serious; and (d) the Defendant has no record of criminal punishment.

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