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(영문) 서울남부지방법원 2017.08.09 2017고단1856
상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2017, at around 21:00, the Defendant: (a) at the front of Gangseo-gu Seoul Metropolitan Government, the victim D (59 years of age) working as a daily worker at the construction site in which he works as the head of the field management center; (b) the victim was fluored; and (c) the victim was able to talk with the face of the victim by drinking the victim by making the victim talking about the face of the victim by drinking; and (d) the victim was able to kill the victim by drinking. The same shall apply to the death of the victim.

“The body of the victims beyond the power of the victims was set up in several times even in the sound invasion.”

As a result, the Defendant inflicted injury on the victim, such as blood transfusion under the part of the external trauma, under the part of the head, and blood transfusion under the part of the external trauma, the closure of the bones, and the closure of internal and internal walls, without any open address, on the part of the victim, which requires treatment of about six weeks or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (verification of the witness by a reporter), a report on investigation (in cases of interview with a victim and submission of a medical certificate, etc.);

1. Application of Acts and subordinate statutes to photographs of injury victims;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment [the types of decisions] general injury (a type 1) to the general injury (a person subject to special sentencing]: Reduction elements of punishment, the amount of severe injury, the amount of severe injury, the amount of cruel punishment (the area of recommendation and the scope of punishment] increased, six months to two years of imprisonment.

3. Reasons for a suspended sentence [major reasons for a suspended sentence] negative: The method of committing cruel crimes, positive measures: positive measures for a suspended sentence (general reasons for a suspended sentence): clear social relation and serious reflectivity.

4. The decision-making defendant made a non-discriminatory assault against the victim as a result of the occurrence of the victim and the vision, including taking the victim's face at a time, and thereby taking part in the victim's hair and face.

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