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(영문) 서울중앙지방법원 2019.03.06 2018고단3731

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On March 13, 2018, at around 01:20, the Defendant suffered injury to the victim C (the 48-year-old) on the ground that the victim C (the 48-year-old age) was flicked the Defendant’s past career, taken the face of the victim by head, took the face of the victim by drinking, and took the face of the victim by drinking, and walking the victim’s face, chests, etc. several times, and suffered injury to the victim, such as an internal flick, flup, flup, clup, etc. in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. C’s legal statement;

1. Each medical certificate, each written confirmation of discharge from a hospital, a summary of discharge from a hospital, and each written confirmation of discharge and education;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of punishment by law: One to seven years of imprisonment;

2. The range of recommendation [decision of types] according to the sentencing criteria for violent crimes: General injury [Type 1] general injury (including a special person): Reduction element: Where a person is not subject to punishment (including a serious effort to recover damage) or considerable damage is recovered, serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], April through June 1.6.

3. Determination of sentence: Imprisonment with prison labor for eight months, or two years of suspended execution, the defendant inflicts bodily injury on the victim, such as an sacropa, by taking the victim while drinking with the victim;

The fact that there are many criminal records in the past, and that the degree of injury of the victim is very serious is disadvantageous to the defendant.

However, as the defendant repents his mistake, and listens to the past talks from the victim, it was caused by a contingent crime, and the victim does not want to be punished against the defendant when he reached a unanimous agreement with the victim.