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(영문) 서울중앙지방법원 2017.05.02 2017고단312

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to four months of imprisonment with prison labor by assault, etc. at Seoul Northern District Court, and the said judgment became final and conclusive on April 21, 2017.

around 01:55 on July 30, 2016, the Defendant: (a) carried alcohol at “D main points” located in Jung-gu Seoul, Jung-gu, Seoul; (b) caused the victim E, who was aware of the peace while drinking alcohol, by hand, flabing the bridge of the victim on the floor; and (c) carried the victim’s bridge and side bridges several times, resulting in the victim’s injury, such as cutting off the bridges of the body of the light body, accompanied by a bridge that requires treatment for about 4-5 months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on medical certificates and surgery records;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Suspension of Execution Act ( favorable circumstances among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Criminal Act / [the grounds for sentencing] general scope of injury [the scope of recommendation] / [4 months to 1 year and 6 months] - the person who is under special mitigation] - the person who is under special mitigation - the person who is under serious injury (1 to 4 types of punishment] : the person who is under serious injury (the decision of sentence] : the person who suffers serious injury; the defendant has favorable records of punishment several times as violent crime; the defendant has committed violence crime: The decision of sentencing that the victim did not want the punishment of the defendant; the defendant is led to confession of the crime in this case; the defendant is divided into a confession and mistake: the above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime in this case; the sentence shall be determined as per the order.