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(영문) 서울서부지방법원 2016.05.25 2016고단947

상해

Text

A defendant shall be punished by imprisonment for four 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 February 21, 2016, the Defendant, at around 01:50 on February 21, 2016, moved the taxi without permission on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and resisted the victim D (60 tax) who driven the taxi and resisted the victim's face to unauthorized crossing the taxi, thereby taking the victim's face into consideration for about 10 days and taking care of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act selecting a penalty, and choice of imprisonment);

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

1. In light of the Defendant’s speech and behavior, etc. recorded in the judgment on the assertion of mental and physical loss or mental weakness under Article 62-2 of the Criminal Act, it cannot be deemed that the Defendant had no or weak ability to discern things and make decisions at the time of committing the crime stated in the facts constituting the crime.

The reason for sentencing [the scope of recommendation] General Injury (the scope of punishment) No. 1 (the general injury) [the person subject to special mitigation] [the person subject to special mitigation] [including efforts to recover damage] / [the decision of sentence] / even though there have been several times of punishment due to violence-related crimes, which has been sentenced to imprisonment with prison labor, and has been sentenced to imprisonment with prison labor, and the degree of injury suffered by the victim is not much severe, and the execution of the sentence is suspended by setting the period of imprisonment with prison labor for a period of four months, which is sentenced to imprisonment with prison labor for a victim who has made efforts to recover damage suffered by the victim and has received a letter from the victim by making efforts to prevent recidivism, but is subject to protection and observation as well as order to take lectures.