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(영문) 서울동부지방법원 2018.11.01 2018고단823
상해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 19, 2017, the Defendant entered the office of “E” hotel located in Songpa-gu Seoul Metropolitan Government, along with the victim C (n, 25 years of age) who had a smoked person at around 01:00, and the victim entered the toilet and walked the victim’s face on several occasions due to his/her appearance from the toilet to the toilet without any justifiable reason, and suffered injury to the victim, such as stroke and stroke, for about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 on the suspended execution;

1. Article 62-2 of the Criminal Act for community service and order to attend lectures (the same criminal record exists in the state of drinking, and the case also requires a woman who is a year to undergo excessive violence after drinking alcohol;

The result of the reason injury in sentencing is important, and the fact that the defendant did not receive a letter from the injured is disadvantageous to the defendant.

However, under the circumstances favorable to the defendant, the fact that the defendant reflects the crime of this case, and that the defendant paid 8 million won out of 10 million won of the amount of civil conciliation for the victim, etc., shall be considered as favorable to the defendant. Other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc. shall be determined as per the order.

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