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(영문) 서울중앙지방법원 2018.08.23 2018고단3288

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 14, 2018, the Defendant: (a) around 06:54, around 06:54, while drinking alcohol together with daily alcohol in a “C cafeteria” located in Jung-gu Seoul Metropolitan Government, the Defendant inflicted a bodily injury on the victim D (25 spons) and knee-man, the left-hand knee-man, the need for treatment of approximately 12 weeks by cutting the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of the video verification by this court;

1. A protocol concerning the interrogation of each police suspect against the defendant, D, or E;

1. Each police statement made to F and G;

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

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the purpose of sentencing] of Type 1 (In June-2 and June) serious injury (the person subject to special aggravated punishment] [the type 1 and 4] serious injury to the victim, the victim did not compensate for the injury, and the victim did not receive a letter from the injured. A favorable circumstance that is favorable that the victim did not receive a letter from the injured party: The victim was punished by a fighting with another behavior in the drinking house, and the victim was punished by a disturbance, and the victim was punished by a noise, and the victim was committed in response to the actual number of the defendant's happiness, and the crime of this case was committed while the defendant was committed in line with the defendant's initiative, and some errors were found in the judgment of the court below, contrary to the defendant's recognition of the crime of this case, the defendant's age, sex, career, home environment, motive, motive, means of the crime of this case, etc., within the scope of the sentencing guidelines.