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(영문) 서울중앙지방법원 2014.12.11 2014고단6779
상해
Text

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

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on December 21, 2012, and completed the execution of the sentence on May 8, 2014.

[2014 Highest 6779] On August 29, 2014, the Defendant reported that the victim E (the age of 54) and his/her name were in conflict with the victim in front of the Dial plaza located in Seoul C C, and that he/she was able to hear the victim’s bathing and body from the victim, and the victim’s face and body were taken several times due to drinking and shot, and the victim’s face and body were tamped once by making it difficult for the victim to know the treatment period.

[2014 Highest 8213] The Defendant, around 14:40 on August 19, 2014, refused the request without a clear reason, and caused the victim to cut off by selling the shoulder of the victim to the lower part of the stairs leading to the steel basin, while making the victim and the Si expenses. The Defendant, at around 14:40 on August 19, 2014, was under the influence of the victim F (the age of 51).

As a result, the Defendant got cerebral blood that requires treatment for about two weeks to the victim.

Summary of Evidence

[2014 Highest 6779]

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A photograph of the injured part of the victim (2014 highest 8213);

1. Defendant's legal statement;

1. A written statement of the G production;

1. A criminal investigation report (report accompanying medical records of a victim);

1. On-site photographs;

1. Bodily damaged photograph (pre-trial record on the market);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of the date of release of a suspect);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. From among concurrent crimes, there is no basic area (from April to one year and six months) of the basic area (the scope of recommending punishment) of type 1 (the scope of general injury) for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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