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(영문) 서울남부지방법원 2015.11.06 2015고단3878

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 August 30, 2015, the Defendant: (a) around 02:00, around D’s drinking house in Guro-gu Seoul Metropolitan Government on the ground that E was Gunn without any brucation to ships; (b) caused the victim’s right face of the Victim F (age 26) on one occasion on one-time drinking, resulting in an injury to the victim, i.e., approximately 180 days on one-time basis, such as the 2nd dental in Daegu-gu, the right side of the victim F (age 26).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation [the scope of recommending punishment is deemed inappropriate to issue an order for compensation in the criminal proceedings because the scope of the defendant's liability for compensation is unclear] [the scope of recommending punishment] general injury area (six months to two years), aggravation area (one and four years), serious injury (the special person), [the decision of sentencing] of the defendant [the decision of sentence] has been punished several times for the same crime, but the defendant again committed the crime of this case, although he/she had the record of punishment several times for the same crime, and the injury suffered by the victim is less severe, and its nature is bad.

However, in consideration of the fact that the defendant is deeply divided and reflected in the crime, there has been no record of punishment exceeding a fine for the last ten years, deposited 2.5 million won for the victim, and other various sentencing conditions, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., the punishment as ordered shall be determined according to the sentencing guidelines and its execution shall be suspended on condition of community service.