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(영문) 서울동부지방법원 2017.02.07 2016고단3318

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on September 29, 2016, the Defendant, within the “C cafeteria” located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City, hereinafter “C cafeteria”), talked about the Defendant’s drinking, but the Victim denied that the Defendant did not do so. However, the Defendant, in his hand, sealed the odor containing hot pots on the table of the location, into the body of the victim, carried out the Defendant’s images with the number of days of treatment untreated and the 2-Do 1stm of hearts.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. A report on investigation (related to a wooden currency);

1. Statement of opinion;

1. Application of Acts and subordinate statutes to photograph victims;

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

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general injury is reduced (two months to one year) [the person subject to special mitigation] or considerable damage has been restored (including efforts to recover damage) in the mitigated area (the decision of the sentenced sentence] under Article 62 (1) of the Criminal Act (the decision of the sentenced sentence shall be made in consideration of favorable circumstances, such as the fact that the victim expressed his/her intention not to punish him/her, the fact that the victim's injury was not severe, and the fact that the victim's injury was not severe)