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(영문) 서울북부지방법원 2016.05.12 2015고단4603
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2015, at around 23:15, the Defendant: (a) taken a passenger on the back seat of the taxi operated by the victim B (60 years of age) on the roads near the building area located in the Agsan in Gwangjin-gu Seoul Special Metropolitan City; and (b) taken the back seat at the back seat of the Defendant’s residence in Gangnam-gu, Seoul; (c) taken the front seat at the front seat of the taxi; and (d) said that the victim would have arrived at the said destination; and (d) said that the victim would have been able to die, “I wish to die

"............. as food, the victim’s inside part was 3 times, and the victim suffered injury, such as internal walls, which require approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (vehicle boom image);

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The basic area (one month to one year and six months) of the recommended punishment on the sentencing criteria (the scope of the recommended punishment) (the person who has no special sentencing seal).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

A favorable circumstances: The defendant has a depth of his criminal act from the investigative stage to the present court, and the defendant has no record of criminal punishment since 2004, and the defendant has no record of criminal punishment: the defendant was on board the taxi operated by the injured person and continuously expressed his/her desire to the injured person in the taxi, and the method of the crime, such as taking the victim's face in the taxi, taking the victim's face in the taxi without any reason, the circumstances before and after the crime, and the circumstances leading to the crime, are considerably poor, and the defendant cannot attend the defense due to the symptoms of the pre-divided ship.

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