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(영문) 서울남부지방법원 2016.05.11 2015고단5132

상해

Text

A defendant shall be punished by imprisonment for six 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 August 22, 2015, around 02:45, the Defendant: (a) rendered a meeting of a swimming instructor team in a singing room located in Yangcheon-gu Seoul Metropolitan Government, and (b) rendered drinking for the victim B’s face at one time on the ground that the victim B responded to it without a brush, and (c) put the victim’s face at approximately eight weeks of treatment and the floor closed.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

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

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. Grounds for sentencing under Article 32 (1) and Article 25 (3) 3 (the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order;

1. Four months to one year and six months from the date of imprisonment with prison labor on the sentencing guidelines (a group of violent crimes, general injury, one type (general injury), and basic area);

2. The degree of injury suffered by the victim due to the instant crime committed by the Defendant who was sentenced to the sentence was considerably significant, and it did not reach an agreement with the victim yet.

Provided, That the punishment shall be determined as ordered in consideration of the following facts: the defendant's contingent crime is a contingent crime, the fact that he/she has committed once a week, the fact that he/she deposited 5 million won for the recovery of damage to the victim, the fact that he/she has no record of criminal punishment other than a long time fine, etc.

Parts of innocence

1. The summary of the facts charged charged is that the Defendant inflicted bodily injury on the victim by taking several times the victim’s face going beyond the date and place indicated in the facts charged in the judgment.

2. The victim’s investigative agency and this court’s statement are only made as evidence that seems to correspond to the above facts charged. Even if the victim’s statement is based on the victim’s statement, the victim’s face cannot be viewed as taking the victim’s face directly as being taken.

at the time of statement.