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(영문) 서울중앙지방법원 2016.07.15 2016고합333
중상해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal record] On February 1, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on August 25, 2013 and completed the execution of the sentence.

[Criminal facts] The Defendant is a person who lives in an old-age area with subway 2 located in the Southern-ro 42, Jung-gu, Seoul.

On March 20, 2016, the Defendant: (a) around 23:00, around 3:00, when drinking alcohol to the victim C (the victim D, 1959), who lives in the same elderly accommodation at the entrance direction of the entrance zone of the above B, and drinking alcohol; (b) caused danger to life by putting the victim’s face, chest, and part, who was enjoying on the floor, walking at a number of times, and walking at a large number of times; (c) leaving the victim’s face, chest, and part, who was enjoying on the floor, and leaving the victim in a mixed status due to the blood flow due to the non-friened depression of external wound.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and C;

1. Statement of inspection by this court;

1. An internal investigation report (No. 3) and internal investigation report (No. 6) by the person under the old heading (Evidence List No. 4), the first image of the victim (Evidence List No. 4), internal investigation report (Evidence List No. 6), internal investigation report (No. 7) by the person under the old heading (Evidence List No. 7)

1. A previous conviction in judgment: Application of a report (related to the result of the search of prisoners), inquiry letter, such as criminal history, and an inquiry statement (A), investigation report (Attachment to judgment) statute;

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for conviction under Article 35 of the Criminal Act for aggravated repeated crimes;

1. Whether the defendant is the same person as the victim or not, the defendant is dissatisfied with D 70 persons around the day of criminal facts in the judgment of the defendant, and the facts that he/she assaulted him/her, and the facts that a person of the first form (Evidence No. 4) photograph of the victim (Evidence No. 4) has been aware of it are recognized.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victim C of the above facts and the facts stated in the judgment are the same.

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