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(영문) 서울서부지방법원 2018.04.27 2018고단839

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 26, 2018, when the Defendant was under influence of alcohol in the front of Eunpyeong-gu Seoul Metropolitan Government D on the street, the Defendant followed the victim on the ground that the victim E (n, 36 years of age) and snow boomed out of the walk without any particular reason, and caused the victim on the ground that the victim’s left part is frighted out, and fright out the victim’s face and head, and caused the victim on the part of drinking, resulting in an injury such as thale, which requires treatment for about 14 days, by taking the victim’s face and head into consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the CD-related Acts and subordinate statutes to commit video storage;

1. Grounds for sentencing under Article 257 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) and the basic area (from April to one year and six months) (the person subject to special mitigation and mitigation] / The motive of committing a crime that may be subject to punishment;

2. A punishment like the order is imposed by taking into account the circumstances favorable to the agreement with the victim, under which the victim suffered serious mental disorder, such as uneasiness, etc. due to the following: (a) the motive and circumstance of the crime is not good; (b) the content of the crime is dangerous due to the crime committed against women at night; (c) the so-called “fasible assault” committed against women is more likely; and (d) the victim suffers from serious mental disorder such as uneasiness, etc. due to the instant case; and (c) the victim has agreed with the victim.