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(영문) 서울북부지방법원 2015.08.26 2015고단1731

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 16, 2015, at around 22:15, the Defendant, in front of the Gangseo-gu Seoul Metropolitan Government, carried with the victim C(29 years of age) and the vehicle driving problems, carried out a flabbbbing of the victim by hand, and took the face of the victim, and led the victim to a flabing flab that requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. The scope of sentence comparison between the applicable legal provisions Article 257(1) of the Criminal Act, the grounds for sentencing choice of imprisonment [the scope of recommendation] general injury (the scope of general injury) and the basic area ( April to January 1) of types 1 (the basic area) and the recommended type: April-1 year and June (the decision of sentence] of April-1 year (the defendant's decision of sentence] as a matter of the progress of the vehicle, it is bad that the defendant's liability of the defendant is less than that of drinking, etc. to the extent that he turns two young children to the victim as a matter of the progress of the vehicle, and considering the fact that there are many violent power, etc.

However, the defendant's act of committing the crime of this case is divided, the victim pays 3 million won to the victim and deposited 6 million won to pay the damage to the victim, the victim does not reach an agreement with the victim, and the defendant was punished by a fine in full except for the power of one suspended execution, and other conditions of sentencing as shown in the arguments of this case such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions stated in the arguments of this case.