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(영문) 서울남부지방법원 2017.09.15 2017고단2197

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2017, at around 23:30, the Defendant, while drinking alcohol at a 'D' restaurant located in Guro-gu Seoul Metropolitan Government, was injured by the victim B (31 tax) who avoided tobacco and drinking tobacco in the cafeterias, and heard the horses to request smoking in the cafeterias, and became a vision, once the victim’s face is cleeped. On the ground of the fact that the cry becomes a rain, the Defendant inflicted one time on the victim’s face. On the other hand, the Defendant used an empty beer who was on the table, and caused the victim’s injury, such as the victim’s “an open place of drinking” and approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements (victims), - photographs of damaged parts;

1. A report on investigation (verification of CCTV images in the instant field), - one copy ofCCTV image CD;

1. - Two copies of the medical certificate of injury;

1. Application of Acts and subordinate statutes in the protocol of statements made by prosecutors to the prosecution;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The punishment is determined by taking into account the following factors: (a) the confession of the reason for sentencing, the degree of injury, and the degree of injury of Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order; (b) the history of the crime (including two times before and after the fine of the same type), the background of the crime; (c) the risk of the method of the crime (the method of the crime, such as the price of the face of the principal and the b) and circumstances after the crime, etc.; and (d) the community service order is added.