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(영문) 서울남부지방법원 2014.06.13 2014고단1317

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 22, 2014, at around 20:20, the Defendant expressed a desire to “E” restaurant operated by the victim D (n, 53 years of age) on the first underground floor of Gangseo-gu Seoul Metropolitan Government C Awards, on the ground that the victim would not sell alcohol to himself/herself, and taken the face of the victim who goes beyond drinking after pushing the victim over, and taking the face of the victim.

As a result, the Defendant brought about the victim's 10-day medical treatment for approximately 10 days, such as a multi-facel typrymoptysis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a medical certificate of injury to a victim) and attached medical certificate of injury;

1. In a case where the mitigated area of punishment (including efforts to recover damage) or considerable damage has been restored due to the reason [the scope of recommendation] for sentencing of imprisonment [the grounds for sentencing of imprisonment] under Article 257(1) of the relevant criminal law, Article 257(1) of the Criminal Code of the relevant criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general injury (the person subject to special mitigation] (the person subject to special mitigation], the person who is not subject to punishment (including efforts to recover damage) or considerable damage (the decision of sentence] the defendant unilaterally uses physical violence, such as unilaterally assaulting an innocent victim, taking the victim's face even after the victim was pushed down, and taking the victim's face as a consequence, and thereby

In addition to the circumstances in which the suspended sentence is being imposed for the same crime, the sentence of the defendant should be imposed. However, the sentence shall be determined as ordered in consideration of favorable circumstances such as the agreement with the victim.