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(영문) 서울남부지방법원 2017.06.16 2016고단4380
상해등
Text

A defendant shall be punished by imprisonment for four months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

1. Injury;

A. On June 23, 2016, around 16:58, the Defendant inflicted an injury on the victim D (55 years)’s house located in Geumcheon-gu Seoul Metropolitan Government C101 on June 23, 2016, on the ground that smoke of tobacco paid by the victim was taken into the Defendant’s house, and on the ground that the smoke of tobacco paid by the victim was taken into the Defendant’s house, the Defendant inflicted an injury on the victim, such as influenite, which requires approximately four weeks of medical treatment on the part of the victim as drinking.

B. On June 26, 2016, around 17:00 on June 26, 2016, the Defendant requested the victim to agree with the injury cases described in paragraph (1) on the front of Geumcheon-gu Seoul Metropolitan Government Road, but was rejected from the injured party. However, the Defendant, with the Defendant’s hand who had a cans of beverages, caused the victim’s face at one time, was on the face of the victim requiring approximately seven days of treatment.

2. On July 6, 2016, around 15:45, the Defendant: (a) requested the victim to reach an agreement with respect to the injury case described in paragraph 1 that occurred earlier on the front of Geumcheon-gu Seoul, Geumcheon-gu; (b) however, there was a defect to avoid the victim’s location; (c) the Defendant, due to the Defendant’s birth, committed assault by walking 3 to 4 times the victim’s left side of the bridge.

Summary of Evidence

1. Legal statement of the witness D;

1. Each injury diagnosis letter;

1. Investigation report (in-house confirmation on the victim aboard);

1. Application of Acts and subordinate statutes concerning damaged photographs and violence-related photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (or choice of bodily injury or imprisonment), and Article 260 (1) of the Criminal Act (the choice of assault or imprisonment) concerning the crime;

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. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The crime No. 2 of the Sentencing No. 1 of the Sentencing No. 1 [the scope of the recommended punishment] is the basic area (4 months to 1 year and 6 months) of the basic area (the scope of the recommended punishment] [the scope of the recommendation] of No. 1 of the basic area (4 months to 1 year and 6 months) (the person subject to special sentencing] of No. 3 of the No. 1 of the Sentencing No. 1 of the Sentencing No. 3 [the scope of the recommended punishment] of the basic area (the basic area (the general assault between February and October).

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