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(영문) 서울중앙지방법원 2017.09.06 2017고단4721

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 30, 2017, the Defendant, at around 07:00, talked about the victim D (n, 25 years of age) and political topics in Gangnam-gu Seoul, a victim, who was aged lower than the Defendant, was injured by the victim, such as the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s body, and knife the victim’s body with knife the victim’s head, and knife the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (packer telephone call, victim telephone call);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The basic area (from April to June) of the sentencing criteria (the scope of recommended punishment) [the person who has no special sentencing seal] of the basic area (the person who has committed any serious injury to the general public) for all kinds of violent crimes;

2. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the fact that the Defendant’s decision of sentencing reflects the mistake; (b) the nature of the instant injury is not good; and (c) the degree of injury, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc.; and (d) various conditions of sentencing specified in the records and arguments, such as the circumstances after the commission of the offense.