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(영문) 서울남부지방법원 2016.08.09 2016고단2593

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 March 16, 2016, around 18:30 on March 16, 2016, the Defendant called, Guro-gu Seoul Metropolitan Government, Guro-ro, 22-ro, Gao-ro, 22-ro, and the victim B (42 tax) is smoking.

For the reason that the victim had been exposed to tobacco, the victim suffered injury, such as an influoring fat and fating fat once after an earthquake with the victim's math, the fating fat, the face of the victim C(48 tax) and D(47 tax) fating the defendant, the victim C's fating, and the victim D fats the left face, and the victim D fats the victim's left face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police suspect against B, C, or D;

1. Application of Acts and subordinate statutes to the on-site dispatch report, damaged photographs, CCTV data, and diagnostic certificates;

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. The basic area of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of recommended punishment in accordance with the sentencing guidelines]: The basic area of sentencing under Article 62-2 of the same Act, Article 59 of the Act on the Protection, etc. of Social Service Order: April through January 1, and the crime of this case [Pronouncement Decision] supports the face of a victim who has not been dismissed as tobacco solely on the ground that the crime of this case occurred that the tobacco would not be smoking, and the crime of this case is committed as a tobacco, and the crime is serious, and the crime is committed, and the crime is committed as well as the crime is committed, and there was no specific effort to recover damage, and there was no specific history of punishment for the same kind of violent crime, and it is reasonable to punish the victim as imprisonment.

However, this Court did not know the fact that the confession of the crime and seriously reflect the victim's personal information in this Court, and did not agree.