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(영문) 서울동부지방법원 2016.09.29 2016고단1939
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 19, 2016, around 19:10, the Defendant inflicted injury on the victim C (52 years of age) in front of the Han River apartment store located in Gwangjin-gu, Seoul, Seoul, and 57-103, as a locking device between the victim C (52 years of age) and the floor of the building of the above commercial building, and caused the victim's face one time, such as the mouth of the floor, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigation reports (referring to the submission of a medical certificate of injury and a change in the name of the crime), photographs, and medical certificates to statutes;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to two years general injury (general injury) for each category; injury (up to six months from one year to two years); serious injury (up to four types); and

2. The sentence of sentence: (a) the Defendant suffered a serious injury to the victim who requires eight weeks of care; (b) the risk of injury on the eye of the victim is high; (c) the Defendant failed to agree with the victim; and (d) three times of punishment for violent crimes is disadvantageous to the Defendant.

On the other hand, the victim did not have any aspect of inducing the crime by first speaking when disregarding the defendant, while the result of bodily injury is serious, but the violence used by the defendant is once a drinking, and the degree of the use of violence is not serious, the victim deposited 4 million won for the victim, 400,000 won has no criminal history of punishment for violent crime since 2001, and 30,000 won has been recognized by investigative agencies and courts in favor of the defendant.

In full view of the above various circumstances, the sentence of imprisonment with prison labor shall be imposed on the defendant, taking into account the conditions of sentencing as shown in the trial process of this case, such as the defendant's age, sex, and circumstances before and after the crime, and an opportunity to consider and agree the favorable circumstances for the defendant shall

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