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(영문) 서울서부지방법원 2017.07.13 2017고단1433
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On July 15, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to assault, etc. at the Seoul Central District Court on November 11, 2016 and completed the execution of the above punishment.

[2] On May 19, 2017, on the ground that at around 12:05 on May 19, 2017, the Defendant had a disturbance, such as drinking on the front side of the “D cafeteria” located in Eunpyeong-gu Seoul Metropolitan Government, by gathering plastic chairs and taking a bath in front of the said cafeteria, etc., and reported this to the victim E (49 tax) and filed a report to the 112 report, the Defendant:

C. D. D. D.’s desire to e.g., the victim’s left face by drinking, and the victim continued to restrain the victim’s right face to a non-wide in Eunpyeong-gu Seoul, the unification of Eunpyeong-gu, Seoul, led to one time the victim’s left face.

As a result, the defendant abused the victim, thereby causing bodily harm to the victim for about 15 days, which does not need to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. A report on investigation (related to the search of shots);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the crime during the period of repeated crime and confirmation of the same records) statute;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment according to the sentencing guidelines] O general injury (the general injury) of category 1 (the period between June and 2) in the aggravated area: the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc. as provided by Article 51 of the Criminal Act, such as the defendant's age, sex, behavior, environment, motive of the crime, and the recommended punishment according to the sentencing guidelines, and the recommended punishment according to the sentencing guidelines.

O’s unfavorable circumstances - The Defendant assaulted the victim on the ground that the victim reported 112, and the victim continued to restrain the Defendant from leaving the place of crime.

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