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(영문) 서울서부지방법원 2016.12.02 2016고단1204
상해등
Text

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

Reasons

Punishment of the crime

Defendant,

1. On March 27, 2016, around 16:00, the victim D (the victim 55 years of age) who behaves and talks in the next place in the “C” restaurant located in Eunpyeong-gu Seoul Metropolitan Government on the ground that the victim’s hair sleeps around 16:0, while drinking alcohol at the “C” restaurant located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as “C”) and talks about 5 years of age. The victim’s hair sleeps over the victim’s head, and slicks over the victim’s chest and slocks about four weeks of the victim’s breast and slocks, and the victim’s 3 w

2. On July 9, 2016, around 00:30, at the “F” restaurant located in Eunpyeong-gu Seoul Metropolitan Government E, the victim was assaulted by the victim G (ma, 45 years old), who was requested food costs, etc. from the employee G (ma, South and 45 years old), who was in demand for food costs, etc. from the victim G (ma) who was in the process of paying food costs. The victim was able to blue his/her blue blue the blue with his/her blue.

Summary of Evidence

[Fact 1 in the market (2016 Highest 1204)]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury [the fact of Article 2 at the time of market sale (the fact of Article 2016 order 2635];

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The recommended sentencing guidelines: Imprisonment with prison labor for not less than four months but not more than 11 months;

(a) Type 1 (General Bodily Injury) and the basic area ( April-1 and 6) of the first crime (a person who has been specially punished);

(b) The scope of final sentence due to the aggravation of multiple crimes that have no basic area (two months to ten months) (a special person) of category 1 (a general assault) for assault crimes: April to January 1;

1. Unfavorable circumstances: In the case of a crime of injury in the judgment, the defendant exercised violence against the victim without obvious reasons, and the victim's head, who is a woman in whose attitude is transferred, and walk the chest several times.

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