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(영문) 서울중앙지방법원 2016.07.20 2016고단328

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2015, at around 00:10, the Defendant was under influence on India and the roadway in the state of drinking in the Gangnam-gu Seoul Samsung C (44 tax) and the victim D (40 taxes) who discovered it were under the influence of alcohol on India and the roadway. On December 15, 2015, the Defendant found that the victim C (44 tax) and the victim D (40 taxes) were under the influence of the Defendant at one time, without any reason, when the victim C was under the influence of alcohol, and then when the Defendant’s clothes and the face of the victim C (40 taxes) was drinking, the Defendant took the face of the victim D.

As above, the Defendant: (a) caused the victims, and (b) caused the victim C to suffer from a fluorous depression that requires approximately three weeks of treatment; and (c) caused the victim D to suffer from a fluorous depression that could not be known of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A medical certificate of injury, each medical certificate, and opinion [the defendant cannot be memory under the influence of alcohol at the time of committing the instant crime]

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case of crimes 1 (In the case of injury to victim D) in the sentencing guidelines (the scope of recommending punishment) [the scope of general injury] in the basic area (4 months to 1 year and 6 months), (including special mitigation (in the case of special mitigation)] in the punishment, non-influence (including serious efforts to recover damage), or where considerable damage has been recovered, crimes 2 (in the case of injury to victim C) in the serious injury (1 and 4) [the scope of recommending punishment] in the basic area (4 months to 1 year and 6 months).