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(영문) 서울남부지방법원 2015.11.27 2015고단3361

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 July 26, 2015, around 03:30 on July 26, 2015, the Defendant: (a) stated that the victim D (here, 47 years of age) continues to drink and drink the alcohol on the Defendant’s drinking place in a simple table, which is located in Guro-gu Seoul Metropolitan Government, and (b) stated that the victim d (here, h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site reports;

1. Application of Acts and subordinate statutes, such as a report on investigation (the part of the victim's injury or cell phone photographing of the suspect), and photographs of the victim

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] General Injury (In general) No basic area (in April to January), the basic area (in one year and six months), [decision of sentence] [decision of sentence] Defendant did not reflect the fact that he/she was punished several times for the same kind of crime, but committed the instant crime, and the nature of the crime is not weak because he/she did not recover from damage.

However, taking into account the fact that the defendant is divided and reflected in the crime, the injury suffered by the victim seems to be serious, the fact that there is no record of punishment exceeding the fine for the same kind of crime, and other various sentencing conditions such as the age, character and conduct of the defendant, environment and circumstances after the crime, etc., the execution of the punishment as ordered in accordance with the sentencing guidelines shall be suspended on the condition that the defendant be put on probation.