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(영문) 서울중앙지방법원 2018.08.20 2017고단8825

상해등

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

1. On November 23, 2017, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for an injury, etc. at the Seoul Central District Court on October 23, 2017, and the judgment became final and conclusive on December 8 of the same year.

2. Criminal facts;

A. In around 03:20 on October 19, 2017, the injured Defendant: (a) took part in a dispute before the “Csing in Jung-gu Seoul, Jung-gu, Seoul; (b) brought an injury to the victim, such as the loss of dental appliances (e.g., the right-hand side of the victim) and the loss of dental appliances (e., the right-hand side of the victim), on the ground that the injured Defendant took part in the dispute before the victim D ( South Korea, 31 years old); (c) took part in the victim’s face in front of the said “Csing” and took part in the victim’s face one time due to drinking, and suffered approximately two weeks of the victim’s face at one time, and suffered injury.

B. On July 31, 2017, the Defendant in violation of the Military Service Act was notified of a call-up for military force mobilization training conducted by the 162 joint and several units of the 60 association from September 5, 2017 to September 7, 2017 at his own residence in Dongjak-gu Seoul Metropolitan Government, but did not enlist in the aforementioned designated date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each statement of F, G and H;

1. A list of damaged photographs, reports on diagnosis of injury, accusation, call-up for military forces mobilization training, and the progress of delivery;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions of the disposition, and the text of the judgment [the Seoul Central District Court 2017 High Court 313, 6125 (Consolidation)] shall be made;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 90(1) of the Military Service Act (the point of refusing to convene a meeting) and the choice of imprisonment for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. There is no serious effort to recover damage caused by the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend lectures, and the order to provide community service order.