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(영문) 서울동부지방법원 2015.07.02 2015고단399
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From November 2014 to December 12, 2014, the Defendant is a person who had been part-time at a D gas station in Seongdong-gu Seoul Metropolitan Government, while the victim E (year 42) is a person who works as a father at the aforementioned gas station.

On January 31, 2015, at around 20:35, the Defendant took time to take the face of the victim by drinking on the ground that the victim has abandoned his/her body on the first floor above the gas station.

As a result, the defendant suffered from the victim for about 8 weeks of treatment, and caused a stoves of lower walls to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The serious injury (the number of recommending persons) in the area of aggravation (six months to two years) (the period from June to two years) of general injury (the number of recommending persons) in the sentencing criteria (the number of recommending persons).

2. Circumstances disadvantageous to the determination of sentence: A punishment shall be determined by taking into consideration all the sentencing factors indicated in the records, such as the victim's age, occupation, character and conduct, and circumstances before and after the crime, since the victim suffered bodily injury from the mouth of the mouth, the victim was in need of observation on the future inside, after the surgery, and the degree of injury was severe even after the surgery, and the damage was not recovered even though the degree of injury was serious: A normal situation favorable to the defendant: the defendant was punished by a fine for an injury in 2008: a contingent crime; a defendant was found to have a mistake; a defendant is deemed to have a mental disorder; and other factors that are considered to have no family members capable of harming the defendant;

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