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(영문) 대전지방법원 천안지원 2016.09.22 2016고단1436
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around 11:40 on August 7, 2016, around Asan-si, Asan-si, 102-dong 102 and 102-dong 1st floor elevator, brought the victim D ( South, 7 years old) to play with his/her seat.

I think the victim's interest and approach the victim's interest, and play-out escape from the victim's left hand, and walk the victim's face once, and walk the victim's face once, and the victim's head who intends to take the victim's face once, was sprinked about two weeks for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of E and F’s respective statements;

1. Each entry in an investigation report (related to interview with victims and health conditions), investigation report (Attachment to a diagnosis report on injury of the victim);

1. Entry and video recording of the internal investigation report (as to the attachment of video recording of CCTV in the C Apartment 102-dong, 102-dong CCTV);

1. Descriptions of stenographic records;

1. Application of video Acts and subordinate statutes to images of an injury scene;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions], violent crimes, Type 1 (General Bodiity) (person subject to special sentencing] among general injuries, victims who are vulnerable to crimes (the scope of recommended punishment] (the number of increased punishment) and not less than six months but not more than two years;

3. Determination of sentence: The defendant in six months of imprisonment, without any particular reason, was extremely poor in the quality of the crime, such as putting the head debt of a child of seven years of age in excess of and walking face with him/her, and the victim seems not to have immediately passed the price immediately after the price was reasonable and to have considerably high shocked, such as the mold distance, and the degree of the injury is somewhat weak.

It is not possible to see, and the damage recovery is expected to have suffered a significant mental shock in the age of the young.

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