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(영문) 서울서부지방법원 2016.10.26 2016고단1977
상해
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

1. The Defendant of criminal records was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court on September 24, 2014, and was provisionally released on August 14, 2015 during the execution of the sentence in the Seoul Southern Southern Detention House and released on August 14, 2015.

9. 24. The parole period expired.

2. 범죄사실 피고인은 2016. 5. 10. 02:50경 서울 은평구 C 앞길에서 피해자 D이 피고인에게 술값을 지불하라고 하였다는 이유로 주먹으로 피해자 D의 얼굴을 3회 때리고, 멱살을 잡아 넘어뜨리고, 발로 배를 2회 찼고, 피해자 E이 이를 제지하자 피해자 E의 머리채를 잡아 넘어뜨리고, 발로 배를 2회 차고, 멱살을 잡고 주먹으로 얼굴을 1회 때렸다.

As a result, the Defendant inflicted bodily injury on the victim D, such as internal organs, internal organs, and tissues, which require approximately four weeks of treatment, and inflicted injury on the victim E, such as salt, tensions, etc. which require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each injury diagnosis report and medical certificate;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (prior records of a suspect, confirmation of repeated crimes), and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the reasons for the sentencing of Article 1 [the scope of recommending punishment] and Article 2 (the scope of recommending punishment] that there is no basic area (four to one year and six months) [the scope of recommending punishment] (the scope of recommending punishment] and the basic area (4 to one year and six months) of category 1 (general injury) (the scope of recommending punishment] and there is no special person: April to two years (the decision of sentencing) and three months (the decision of sentence]; the degree of damage to the victims is not easy; the victim did not reach an agreement with the victims; the crime of this case is committed during the period of repeated crime as stated in the judgment; and it is again committed during the period of repeated crime.

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