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(영문) 서울남부지방법원 2015.04.17 2015고단331

상해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 25, 2014, around 00:10 on July 25, 2014, the Defendant, while drinking with the victim C(63 years of age) and drinking in Geumcheon-gu Seoul, was suffering from the Victim C(63 years of age) and was suffering from the Victim’s head.

As a result, the defendant suffered bodily injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to on-site reports and field photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [the range of recommending sentence] (the range of sentence which is favorable among the reasons for sentencing) is general in the area of aggravation (6 to 2 years) (special mitigation) of category 1 (special mitigation) (special mitigation) of injury] in the area of aggravation (6 to 3 years) of the Criminal Act / Where a victim has a considerable responsibility for the occurrence of or the expansion of damage to a crime by collective or multiple force, or where a victim has committed a crime by carrying a deadly weapon or other dangerous articles (excluding cases where the crime group of habitual injury, repeated injury, special injury), serious injury (1 and 4 types) [decision of sentence] in consideration of the following circumstances and the age and character of the defendant, relation with the victim, circumstances of the crime, means and result thereof, and all factors of sentencing as shown in the records and arguments of this case, including the circumstances after the crime, etc.

D. Unfavorable circumstances: The fact that there was a history of punishment several times including the suspended sentence due to the same crime, the fact that the victim's head was inflicted on the two dangerous goods and the degree of injury was relatively significant; the victim provided the cause in the crime of this case; the defendant led to a confession, and 2 million won was deposited for the victim.