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(영문) 서울남부지방법원 2017.01.11 2016고단3548
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a neighbor who resides in the same Dong and Dong with the victim C(57) and D(50 years of age).

1. On July 24, 2016, at around 22:25, the Defendant: (a) was dissatisfied with the victim’s house located in Guro-gu Seoul Metropolitan Government by gathering stones (10cm in length), which is a dangerous object that had been in possession of the victim’s string at the pre-sing singing room (22cm in total length, 11.5cm in length, 22cm in length) from the victim’s house in Guro-gu, Seoul; and (b) the Defendant was threatening the victim by gathering stones (10cm in length) which is a dangerous object that was in the vicinity of the seeds.

As a result, the defendant carried dangerous objects with the victim about two weeks of medical treatment, the two spons, etc. were needed.

2. In the time and place mentioned in paragraph 1 above, the injured Defendant plicked, plicked, or plicked, the injured party D’s left arms, which was citing the above Defendant’s violent exercise.

As a result, the Defendant inflicted injury on the victim, such as salt, tension, etc. of arms and other parts that require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on dispatch to the site and an investigation report (Submission of a report on injury to victims and partial change of names of crimes);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) The general injury (type 1) to the general injury (type 1) (specific sentencing factors): the mitigated element of punishment (the territory of recommendation and the scope of recommendation), the mitigated range of imprisonment between two months and one year.

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