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(영문) 서울중앙지방법원 2017.06.14 2017고단1641

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 December 22, 2016, the Defendant, around 02:28, suffered injury to the victim F (58 years of age) who did drinking together in the front stairs of the E main point in Jongno-gu Seoul, Jongno-gu D and the second floor, and caused the victim's face by drinking, and caused the victim's injury to the left-hand side of the wall and the inner wall that requires treatment for about 57 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of punishment by law: Imprisonment with prison labor for one month and seven years;

2. Application of the sentencing criteria;

(a) Determination of types: One type (general bodily injury) of general injury to violent crime>

B. Special sentencing factors: [Mitigation elements] Ineligible for punishment (aggravating elements)

(c) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor, April and one year and six months.

3. Circumstances disadvantageous to the decision of sentence: The degree of injury, conditions favorable to the point of having the same kind of power: Confession, reflectivity, the fact that the victim has agreed smoothly with the victim, the fact that the defendant has no criminal record of suspended execution or more than a previous punishment, and other conditions of sentencing as the order shall be determined in consideration of the records of the case and various conditions of sentencing as shown in the trial process, such as the defendant's age, sex, criminal conduct, family relationship, motive and means