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(영문) 서울남부지방법원 2016.12.06 2016고단1909
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On December 17, 2001, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence due to the crime of injury, etc. on December 17, 2001; on January 6, 2012, the Seoul Southern District Court issued a summary order of KRW 1,00,000 as a crime of injury; and on October 11, 2012, the Seoul Southern District Court issued a summary order of KRW 500,000 as an offense of injury.

【Criminal Facts】

On April 13, 2016, around 12:10 on April 13, 2016, the Defendant, at around the Guro-gu Seoul Metropolitan Government Management Office, caused the victim’s shoulder at one time, resulting in the victim’s shoulder in excess of the floor, and caused the victim to suffer bodily injury, such as the left-hand booms, cages, and cage cages at the top of the second week medical treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The reason for sentencing under Article 257(1) of the Criminal Act, which is applicable to the relevant criminal facts and Article 257(1) of the Criminal Act, committed the instant crime again despite the fact that the criminal defendant had been under suspended execution of imprisonment and had been under the same criminal punishment.

According to the above evidence, even though the fact that the defendant inflicted an injury on the victim was sufficiently recognized, it does not seem that his mistake is divided by the fact.

The sentence shall be imposed on the defendant in consideration of these circumstances.

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