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(영문) 서울북부지방법원 2018.06.28 2018고단1323

상해

Text

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

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 31, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury or one year of suspended sentence in the Militarysan Branch of the Jeonju District Court for the crime of injury, and the said judgment becomes final and conclusive on June 8, 2017 and is currently under suspended sentence.

(1) On April 1, 2018, the Defendant: (a) around 03:30 on April 1, 2018, at C hotel 705 in Seoul Special Metropolitan City, Nowon-gu, (b) around 03:30, the Defendant: (c) was in dispute with the victim D (the age 21) of female-friendly job offering victim D; and (d) the victim said that the victim was the Defendant, “I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k's face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Recording notes (D);

1. Attachment of photographs of parts of the body of the victim;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to suspended sentence);

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following facts: (a) although a defendant was unable to know himself/herself during the period of suspension of execution, the victim complained of the defendant's preference; (b) the defendant's recognition and reflects the defendant's crime; (c) resulting in contingent crimes in the defendant's age, environment; (d) motive, means and method of the crime; and (e) the various conditions of sentencing specified in the records and trial process, such as the defendant's age, environment; and (e) the motive, means and method of the crime;