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(영문) 서울중앙지방법원 2014.01.28 2013고단6223
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 19:00 on September 10, 2013, the injured Defendant discovered the victim E (the age of 58) who was under influence of alcohol on the frontway of the Jongno-gu Seoul Metropolitan Government, and found the victim E (the age of 58) who was under influence of alcohol on the road prior to the victim, and on the ground that there was a hostile dispute with the victim prior to the victim, the victim’s face is bad, and caused the victim’s face to a number of times, and led the victim to a diveal coordinate in need of approximately two weeks of treatment.

2. Around September 23, 2013, the Defendant discovered the Victim F (the age of 62 and female) who was eating in front of the Sejong-ro 119 Safety Center, which was located in Jongno-gu Seoul Burial House on September 23, 2013. Before that, the Defendant assaulted the Victim F (the age of 62 and female) one time on the ground that the Victim stolen the other’s wall and stolen the other’s wall, and thus, the Victim was bad.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

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

1. Relevant Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is the following: General injury [Special Contributors] - mitigated element of mitigation: In the mitigated area of minor injury [decision on the recommended area] mitigated area / [decision on the recommended area] mitigated area / [decision on the recommended area] the basic area / [decision on the recommended area] February / October / [the final sentence range / [the final sentence range 1/2] aggravated by multiple crimes (decision on the first crime maximum 2 crime) : From February 1 and 5 (decision on the sentence] - 4 months imprisonment - 1 year suspended execution - one year before suspension of execution - even though the defendant had been punished for the same crime several times, the defendant committed the crime in this case again even though he had the record of punishment for the same kind of crime before, the defendant was divided by mistake and the extent of damage is relatively minor.

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