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(영문) 서울서부지방법원 2013.06.13 2013고단1101

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 7, 2013, at around 21:10, the Defendant: (a) stated, “E” restaurant operated by Eunpyeong-gu Seoul Metropolitan Government Victim D (n, 65 years of age), “E” without any justifiable reason, the Defendant: (b) carried the victim’s neck by hand; (c) towed the victim’s body; (d) towed the victim’s body by 10 meters; and (e) led the victim into the ground; and (e) led the victim to the victim’s injury, such as the right flake and the flake, on which the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Bodily damaged photo;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Suspension of execution: Reasons for sentencing [the reasons for sentencing] under Article 62(1) of the Criminal Act (the reasons for sentencing as follows] General / [the scope of recommending punishment] / 2 months from 1 year to 1 year (the decision not to impose punishment] / The decision not to impose punishment of this case cannot be deemed to be that the victim suffered bodily injury, such as the right strings and the Sentencing, and the scope of sentencing according to the sentencing guidelines is the same as the above.

However, in light of all the circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime in this case under the influence of alcohol, the defendant has committed the crime in this case, and the defendant has agreed with the victim, and the victim has expressed his intention not to punish the victim, the defendant has been detained for a month and has been tried, and the judgment has been conducted.