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(영문) 서울서부지방법원 2017.10.11 2017고단2070
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 16, 2017, at the victim’s house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the first underground floor, and around July 16, 2017, the injured defendant suffered injury, such as an unfortunateing room, etc., on a multiple occasions, by making the victim’s snow, knee, knee and knee, who had come to sleep with the victim who had come to sleep before her death, and who had come to sleep before her death, the victim suffered injury, such as the victim’s eye, knee and knee.

2. The Defendant, who did not comply with the eviction request, demanded the victim who was unable to visit the Defendant’s assault at the place specified in No. 15:20 around the same day, and the victim who was unable to visit the Defendant’s assault several times for about ten minutes, but did not comply with the demand even after being requested to leave.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the police statement protocol law to B

1. Relevant provisions of the Criminal Act and Articles 257(1), 319(2) and 319(1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The risk of re-offending is likely because the victim's assault and injury resulting from the reason of sentencing under Article 62-2 of the Criminal Act is not less severe, and the defendant has a criminal record who has been punished several times for violent crimes, etc.

However, there is no record of being punished in excess of a fine, and the defendant reflects his/her depth about the crime and voluntarily treating the drinking-related treatment.

In consideration of the fact that it takes place, etc., imprisonment shall be selected, and the protection and observation for the improvement of character and conduct, community service, and the execution thereof shall be suspended on condition of taking lectures, and punishment shall be determined as ordered.

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