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(영문) 서울남부지방법원 2018.09.19 2018고단1657

상해

Text

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

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

Reasons

Punishment of the crime

From the third floor of the building in Yangcheon-gu Seoul Metropolitan Government, the Defendant resided together with the mother of the Defendant, the main owner of the above building, and the victim E ( South and the age of 35) resides in the second floor of the above building. On October 23, 2017, the Defendant drinking the victim who was living in the front of the house of the first floor tenant of the above building and drinking the alcohol as the victim.

On October 24, 2017, the Defendant: (a) around 01:30 on October 24, 2017, on the street of G main station located in Yangcheon-gu Seoul Metropolitan Government, caused injury to the victim, such as the victim’s face, the thring, the string, and the string of the string of the flag, by taking the victim’s face, the part of the flag of the flag, the flag of the flag of the flag of the flag of the flag of the flag.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Each written diagnosis of injury to E;

1. A certificate of hospitalization;

1. Investigation report (Analysis of CCTV images for crime prevention around the place of occurrence);

1. Investigation report (Report on CCTV analysis at the scene of crime);

1. A photograph of a CCTV image to be cut;

1. A photograph of the upper part of the body;

1. Photographss and photographs of the upper part of the body (alley part);

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, general injury (the scope of general injury) in the basic area (the period from April to one year) (the period from January to June) (the period of special mitigation)] / the serious injury (the period of 1 and four types) of punishment;

2. Circumstances unfavorable to the determination of sentence: The types, methods, and contents of the act of violence in this case, are heavy and have a high possibility of criticism.

As a result of the instant crime, it seems that the victim suffered a significant injury of seven weeks of care, and the mental damage seems to have not been significant.

The defendant criticizes the victim's behavior.