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(영문) 서울북부지방법원 2017.05.11 2017고단946

상해

Text

A defendant shall be punished by imprisonment for six 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

On December 19, 2016, the Defendant: around 14:11, and around 93, at the subway station station in Dongdaemun-gu, Dongdaemun-gu, Seoul Metropolitan Government, the Defendant inflicted an injury on the victim by pushing the victim on his left hand on the ground that he obstructed the paths of the victim C (n, 90 years of age) and this route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written statement of C and E;

1. A CCTV closure photograph at the scene of a crime;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. The criteria for sentencing for the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] where the aggravated area (6-2 years to 2 years to 6-2 years] (including special mitigation (including serious efforts to recover damage) or considerable damage has been recovered, / the serious injury (1-4 type) is determined under the decision of sentence for the victim who is vulnerable to the crime, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex behavior, family relationship, conditions before and after the crime.

- The degree of injury to the victim - The recognition and reflection of the crime, and the smooth agreement with the victim