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(영문) 서울북부지방법원 2019.08.13 2019고단2290
상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2017, the Defendant was sentenced to imprisonment with prison labor for special intimidation, etc. at the Seoul Northern District Court on January 24, 2018 and completed the execution of the sentence at the original prison on November 24, 2018.

【Criminal Facts】

"2019 Highest 2290"

1. The Defendant: (a) around 05:00 on April 30, 2019, while drinking alcohol together with C and the victim D (the age of 39) at C’s house located in Jung-gu Seoul Metropolitan Government, the Defendant took time off the face of the victim on the ground that the victim did not mislead C, who is the oldest, was able to do so.

Accordingly, the defendant assaulted the victim.

2. On May 8, 2019, at around 03:30, the Defendant, without any particular reason, pushed the victim E (years 61) who was seated in a private home park located in Jung-gu Seoul Metropolitan Government, Jung-gu, 496-12, caused the victim to face the victim’s face.

As a result, the defendant injured the victim, such as an unexploited heat in the upper part of the treatment days.

around 02:40 on May 14, 2019, the Defendant assaulted the victim’s face on the hand floor on the ground that the Defendant did not reach an agreement on the Defendant’s assault case prior to the age of d(38) at the time of the subway No. 7 Line, the subway No. 393, a private home located in Jung-gu Seoul, Jung-gu, Seoul, on the ground that he did not reach an agreement on the Defendant’s assault case before the victim D(38).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each written statement of D;

1. Non-fluoral documentary photographs of the damaged body;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (crimes during the period of repeated crime of the same kind, attachment of the same power);

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of each penalty for the crime;

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

1. Of the concurrent offenders, the Defendant led to confession of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and there was an agreement with E among the victims.

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