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(영문) 서울중앙지방법원 2017.06.14 2016고단5933

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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2016, around 23:10 on March 23, 2016, the Defendant: (a) around the main point in Jongno-gu Seoul Jongno-gu, and (b) during the dispute with the victim E (43 years of age), caused the victim to suffer bodily injury by cutting off the breath of the victim’s buck, who met with the victim’s breath in one time, and destroying the breath with the victim’s breath, thereby causing about 12 weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness E and F [the credibility is recognized as not only because the contents of the statement of the victim and witness that the defendant injured the victim by harming him/her beyond the victim are consistent and specific, but also those of the above statement are not likely to be false;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of punishment by law: Imprisonment with prison labor for one month and seven years;

2. Application of the sentencing criteria;

(a) Determination of types: General Injury to General>

B. In the event of an intentional injury committed by a person with special sentencing factors (a mitigated element), where the victim also has considerable responsibility for the occurrence of the crime or the expansion of damage (aggravated factor).

(c) The scope of recommendations and the scope of recommendations: Reduction field, imprisonment with prison labor, February and one year.

3. Circumstances unfavorable to the decision of sentence: The defendant's age is the fact that the victim sustained a serious injury in need of surgery and treatment for a considerable period of time, but is consistent with his/her defense without a serious reflect; that the victim did not agree with the victim; that the victim's written application for the correction of the defendant was submitted; there are circumstances that could be somewhat different factors in the process of crime due to a crime committed by an insultingly in the course of insulting speech and assault from the victim; that one million won was paid to the victim for medical expenses; that there was no criminal record of suspended sentence or more; and that there was no criminal record.