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(영문) 서울중앙지방법원 2014.09.24 2014고단5535

상해

Text

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

except that 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

On June 25, 2014, at around 06:00, the Defendant inflicted injury on the victim, including the victim’s inside of the right side and the mouth, for about nine weeks of medical treatment, on the ground that the victim was getting out of the Defendant’s mother while drinking the victim D(51) and alcohol in Jung-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. 집행유예 형법 제62조 제1항(아래 양형의 이유 중 유리한 정상 참작) 양형의 이유 [유형의 결정] 폭력범죄, 일반적인 상해, 제1유형(일반상해) [특별양형인자] - 가중요소 : 중한 상해 - 감경요소 : 처벌불원 [권고형의 범위] 징역 4월 ∽ 징역 1년 6월(기본영역) [선고형의 결정] 폭력 범행으로 2회 처벌받은 전력이 있는 피고인이 재차 이 사건 범행을 저지른 점, 피해자의 상해 정도가 중한 편으로 자칫하면 실명에 이를 위험까지 있었던 점 등은 피고인에게 불리한 정상들이다.

On the other hand, there is no criminal conviction exceeding the fine, the victim agreed to have the victim smoothly, and the victim wanted to leave the defendant's wife, and the victim led to the crime of this case by separation between the defendant and the defendant's depth in the process of causing serious distress to the defendant, and the defendant reflects the depth of the defendant.

In light of the above circumstances, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relation, family environment, motive and means of crime, and circumstances after crime, sentence like the order is imposed.