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(영문) 서울중앙지방법원 2013.10.14 2013고단5151

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 31, 2013, at around 03:00, the Defendant calculated the drinking value and returned to the place of “D” at the main point of the trade name “D” located on the first floor of Gwanak-gu, Seoul Special Metropolitan City, for the reasons that the said main point goes against E and shoulder, which is another customer of the said main point, the Defendant left the face of the victim F (32 years of age) who embling the Defendant, fright of the victim F (32 years of age) who embling the Defendant, and embling the body of the victim F (32 years of age) who embling the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Determination of Punishment] - In the event that there is no general injury [Special Aggravation of Punishment] - There is no element of aggravation of punishment or significant damage: [The scope of punishment by recommendation] [the scope of sentence] : February to 1 year in the area of mitigation / [the decision of sentence] 8 months in prison / 1 year in prison / 2 years in the area of mitigation / 2 years in probation / 2 years in probation / 2 years in probation / 2 years in probation / 2 years in probation ] / the degree of injury is not easy. However, there is no need for strict punishment. However, it is a contingent crime that occurred in the course of minor vision, it reflects the depth of mistake while committing the crime; the victim has compensated for damage; the victim does not want punishment against the defendant; other conditions of sentencing under Article 51

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