logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.20 2018고단5996
상해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On December 10, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor due to assault, etc. at the Seoul Eastern District Court on September 3, 2015 and completed the execution of the sentence at the Chuncheon Prison.

[2] On June 26, 2018, the Defendant 13:40, around 13:5, and around 13:40, 2018, the Defendant saw the victim’s face face part of the victim who was in drinking together in front of the exit of subway No. 1, Seoul Central District, 13, a subway No. 1, a subway No. 201, and 13, a subway no. 13, a subway no. 201, a subway no. 13, a subway no. 13, a subway no. 13, a subway no. 201, and caused the victim’s right-hand part of the victim’s face.

Accordingly, the defendant suffered bodily injury such as the opening of the right eyebrow, where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (the list Nos. 6 and 8 of evidence);

1. On-site photographs and photographs at the time of investigation of victims;

1. Previous convictions: Application of Acts and subordinate statutes on inquiry into criminal history, investigation reports (Attachment of the same type of criminal suspect's judgment, etc.), text of judgment and personal confinement status;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The sentencing of Article 35 of the Criminal Act for aggravated repeated crimes is inevitable in light of the fact that the defendant again commits the crime of this case during the same repeated crime period, and that the defendant has the power to be punished several times for the same crime, etc.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's confession, mistake, the victim does not want the punishment of the defendant, and the defendant's age, sex, environment, family relationship, means and consequence of the crime, and the circumstances after the crime.

arrow