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(영문) 서울중앙지방법원 2017.10.12 2017고단5451

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (V, 64 years old) and the husband and wife.

At around 22:00 on April 12, 2017, the Defendant, within the Defendant’s house of 117 Dong Dong 901, Gwanak-gu, Seoul Special Metropolitan City, caused the injury of the victim’s face to the next victim, such as a crym flock flock and flock flock flock flock flock flance and flock flock flock flock flock flock flock flock flock and flock flock flock flock flock flock flock flock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Emergency measures report;

1. A victim's photograph, etc., and a victim's photograph submitted;

1. Investigation report (the opinion of the head of the DNA hospital E in charge of the victim);

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (No. 14, 15 No. 5);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The scope of the recommended sentence on the sentencing guidelines of Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] general injury [the scope of the recommended sentence] under Article 62(1) of the Criminal Act in the basic area (4 to 1 year and 6 months), where punishment is not imposed (including special mitigation (including serious efforts to recover damage), or considerable partial damage has been recovered, the contents of the Defendant’s decision on the sentence of injury (1 to 4 types) are harsh, and the result is significant.

However, there is no record of punishment other than a fine that has been imposed for a long time, divorce or division of property with the victim, the victim did not want the punishment against the defendant, and all other circumstances shown in the records and arguments of this case are considered in determining the punishment like the order.