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(영문) 서울동부지방법원 2013.10.10 2013고단1552
상해
Text

A defendant shall be punished by imprisonment for not less than five 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 May 23, 2013, around 07:30 on May 23, 2013, the Defendant, at the “D” entertainment tavern located in Gangnam-gu Seoul Metropolitan Government, brought about a dispute with the victim E (27 years of age) who is an employee and the business hours. In order to make the face of the victim more than 4 weeks, the Defendant was suffering from alphical tension that requires about 4 weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Entry of the defendant in part of E in the second police interrogation protocol;

1. Protocol of partial police statements of E;

1. A medical certificate;

1. Application of the provisions of subordinate statutes to the complaint filing statement and the victim's photograph;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2(1) of the Criminal Act: (a) Defendant deposited 3 million won for the victim; (b) Defendant repented his mistake; (c) this case occurred between the Defendant and the victim; (d) Defendant was damaged by the victim; (c) Defendant was merely punished by a fine for the same kind of offense; (d) Defendant was not punished by suspension of qualification or heavier punishment; and (e) other circumstances constituting the conditions for sentencing indicated in the records, such as medical expenses, Defendant’s age, character and conduct, environment, family relationship, occupation, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.

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