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(영문) 서울중앙지방법원 2014.02.19 2013고단8127

상해

Text

A defendant shall be punished by imprisonment for one year.

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

From August 2013, the Defendant had maintained an internal relationship with the victim D (the age of 29, female) who was working with the employer from around 00:37 on September 17, 2013, the Defendant was punished for a dispute with the victim's house located in the first floor of the building in Dongjak-gu Seoul, Seoul, about September 17, 2013, with regard to the finding of the victim by the male at the victim's house located in the above building 602.

As a result, the Defendant suffered injury to the victim, such as the cutting of felkes on each side, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Description of the written diagnosis of injury;

1. Application of each Act and subordinate statute to images of each field photograph, each damaged photograph, and victim DNA CCTV image data;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

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

1. Scope of the recommended sentence on the sentencing guidelines / [type] the group of violent crimes, general bodily injury (type 1): General injury (specially imprisoned person): Imprisonment with prison labor for 6 months (the scope of sentencing) and 2 years (aggravated area);

2. The sentence sentence decision defendant did not only assault the victim cruelly, the degree of injury of the victim is very serious, the defendant was disadvantageous to the defendant, the defendant is the first offender and is satisfy in confession of the crime, and the defendant is 50 million won for the victim.