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(영문) 서울중앙지방법원 2016.10.11 2016고단3764

상해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:40 on January 26, 2016, the Defendant stated that “the victim C (the age of 46) who drinks alcohol with the homeless without any justifiable reason in the passage near the entrance and exit of the Jung-gu Seoul Metropolitan Government, 10, and the Seoul Metropolitan Government, 7, in front of the building, was under the influence of alcohol,” and said, “the victim’s head was faced with the wall of the victim by getting the victim under the influence of alcohol more than once.”

As a result, the defendant suffered two side effects that the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (a photo of the victim's upper part of his/her body);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant had been punished for the same kind of crime in the past, but again commits the crime in this case in light of the victim's degree and the victim's injury, etc., the defendant's liability is not less exceptionally considered. The defendant reflects the error, and the defendant seems to have reached the crime in this case by considering the favorable circumstances.