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(영문) 서울중앙지방법원 2018.09.13 2018고단2317

상해

Text

A defendant shall be punished by imprisonment for four 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 March 6, 2018, at the center of Seocho-gu Seoul Metropolitan Government, the Defendant considered the victim C(53 tax) in front of the street 21 Dong-dong apartment 200, the center of Seocho-gu, Seocho-gu, Seoul, to be a person who visits his surroundings without any justifiable reason for the past several years, and then the victim's face and head is in drinking to the victim, and the victim's face and head was sold to the victim by drinking the victim, and the victim caused the victim's injury to the victim by causing a shock and pain to the finger hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of C and D;

1. Investigation report (as to the omission of a written diagnosis of injury and the omission of punishment) (as to the wife of the victim, the wife of the victim is naturally cured, and does not constitute an injury under the Criminal Act;

One of the arguments is that the defendant gives up the face of the victim's face by drinking, and in excess of the number of the victim's body, the victim gives back the body, and the victim feel a pain to such a degree that it is doubtful about the tear of the knife of the knife and the knife of the knife.

In light of the purport of the statement, it is difficult to view that the injured party’s wife is significantly able to naturally recover.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense. Article 257 (1) of the said Act (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection [the scope of the recommended sentence] general injury [the grounds for the sentencing of Article 62-2] : (a) the mitigation area (two months to one year); (b) the punishment of a person subject to special mitigation [including a serious effort to recover damage], or where considerable damage was restored (the decision of sentence] (the decision of sentence] unfavorable: (a) the defendant committed a sudden assault without any particular reason; (b) the defendant was subject to a disposition of conditional suspension of indictment on the part of compulsory indecent act committed by the Seoul Central District Prosecutors' Office on December 31, 2015; and (c) the same prosecutor's office on November 21, 2017 at the same prosecutors' office.