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(영문) 서울북부지방법원 2018.11.15 2018고단3865

상해

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On August 26, 2018, the Defendant suffered injury to the victim C (53 tax) on the front side of the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, on the ground that the victim C (53 tax) was arbitant, making up four times the face of the victim, and suffered injury to the victim, which requires treatment for about 28 days between the face of the victim, and the failure of internal walls.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of parts of the victim's body;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of recommended punishment] [the range of recommended punishment] is reduced range of category 1 (the general injury period between February and one year] (the punishment of a person subject to special mitigation], non-members of punishment (including serious efforts to recover damage), or considerable damage has been restored;

3. Sentence does not include the degree of injury suffered by a victim, and there are many kinds of records that the accused has been punished for the same crime;

However, the defendant is recognized to commit a crime, and the victim does not want to be punished, the defendant's age, sex, living environment, and other circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the sentence as ordered, in consideration of the fact that the defendant does not want to be punished.