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(영문) 서울북부지방법원 2016.05.25 2016고단132
상해
Text

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

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

Reasons

Punishment of the crime

On December 31, 2015, the Defendant: (a) 00:25, on the street in front of Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) followed the name influencing person and snow, and (c) took part in the victim F (V, 48 years old). On the ground that the victim F (V, 48 years old), who was taking part in the victim’s face, was fluencing the victim’s face, went beyond the victim’s face at several times, and went beyond the victim’s body, and fluencing the victim’s body, who continued to go beyond the victim’s face, led the victim to a diversification of the telegraph, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Partial statement of a witness I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Written Statement;

1. 112 Report processing table, investigation report (case concerning the body status when the victim’s statement is made), investigation report (the relative investigation of the reporter), request for disclosure of information and replies to the place of first-aid services activities (the defendant and his/her defense counsel recognizes the fact that the defendant used assault against the victim, but the victim was not in the location of the victim;

The argument is asserted.

However, the following facts acknowledged by each of the above evidence are as follows: (a) the victim was divingd by the Defendant’s assault; (b) the Defendant was under investigation by the prosecution; and (c) the Defendant was aware of the fact of supporting the victim who was forced to undergo an investigation by the prosecution; and (d) the doctor who diagnosed the victim was suffering from Damp scambling, which requires approximately two weeks of care in this court

Comprehensively taking account of the fact that the defendant testified clearly, the fact that the injured person suffered an injury to the facts of the crime is recognized.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (general injury) shall be the mitigated area (two months to one year) (special mitigation factors).

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