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(영문) 서울남부지방법원 2014.08.13 2014고단1425

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2014, at around 11:55, the Defendant: (a) went beyond the victim C (the age of 69) who told the Defendant to challenge another person; (b) went beyond the victim C (the age of 69) who took care of the face of the victim; and (c) brought injury to the victim, such as cutting off the duct of the structural wall, which requires treatment for about 35 days to the left-hand side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of the state of damage);

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

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] general injury (the range of recommending punishment] where punishment is mitigated (the person subject to special mitigation), not subject to punishment (including serious efforts to recover damage) or considerable partial damage is recovered (the decision of sentencing shall be made] four months of imprisonment with prison labor, the suspension of execution of sentence one year (the decision of imprisonment shall be made with prison labor as there are several previous forces of the same kind; damage actually suffered by the victim shall be deemed not to be severe, and the execution of imprisonment with prison labor shall be suspended, taking into account the fact that the victim and the victim have agreed smoothly, etc.);