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(영문) 서울중앙지방법원 2019.03.28 2018고단7989

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

At around 13:00 on October 14, 2018, the Defendant: (a) expressed that “C” located in Gangnam-gu Seoul is “C”; (b) without any special reason, under the influence of alcohol, the Defendant inflicted an injury on the victim D (n, 37 years of age) by drinking, such as the head and face of the victim when the head and face of the victim are taken over; and (c) the victim’s body was cut back by several times; and (d) the Defendant inflicted an injury on the victim, including approximately 4 weeks of the body of the victim, e.g., the left bar No. 7 of the left-hand body where treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] (the basic area of general injury] of violent crimes (type 1): April to June (the person who is a specially adopted person] mitigation of grounds for mitigation (the victim's non-guilty grounds): February to October (the decision of sentence] of this case; the motive for the crime of this case; the degree of and degree of damage from the exercised violence; the circumstances in which the defendant recognized his mistake; the defendant's age, character and behavior; the defendant's age, character and behavior, criminal records; and the circumstances after the crime (the victim's agreement with the victim) were taken into account; the suspended sentence of imprisonment as ordered against the defendant was ordered.

It is so decided as per Disposition for the above reasons.