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(영문) 서울북부지방법원 2016.08.17 2015고단4210 (1)

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 6, 2015, the Defendant: (a) around 03:00, in the neighboring Nowon-gu Seoul Special Metropolitan City Nowon-gu, on the ground that the female-friendly Gu of the victim D (22 ) was involved in the dispute between the Defendant’s friendship E and the female-friendly Gu of E, and (b) took part in the trial with the victim; (c) the Defendant was able to assault the victim; and (d) the victim’s face was flicked for about 6 weeks of openness, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. The legal statement of the defendant or his separated joint defendant D; and

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal death (Attachment of a medical certificate of injury) and a medical certificate of injury;

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

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury (the scope of general injury) in the basic area (the period from April to June) (the person subject to special sentencing] - the mitigated person: Where the mitigated person is punished (including efforts taken to recover damage) or any considerable damage has been recovered from his/her basic area: the serious injury (the type of 1 and 4).

3. That the degree of injury suffered by the victim who has been sentenced to sentence is very serious is an unfavorable circumstance.

On the other hand, the fact that the victim does not want the punishment of the defendant, that the victim is the age of adult age, and that it is against the depth of the victim by paying consolation money, etc. to the victim is favorable.

In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.