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(영문) 서울중앙지방법원 2014.11.14 2014고합584
중상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 1, 2014, at around 23:00, the Defendant heard the bath from E (the age 52) the victim E (the age 52) who had drinking alcohol at the same time in the vicinity of the D senior citizen center in Dongjak-gu Seoul Metropolitan Government. On April 1, 2014, the Defendant left the victim's face by drinking alcohol, drinking alcohol, drinking the victim's face, and booming the victim's head into the floor. As such, the Defendant put the victim's head part against the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of E and F;

1. A photograph of each damaged site;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 14, 17);

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

2. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Application of the sentencing criteria: Not less than four months but not more than one year and six months (decision of type): General injury to violent crimes: No reduced element (general injury): None, and there is no aggravated element: Basic area (decision of the recommended area).

3. Determination of sentence: The defendant, who was sentenced to a stay of six months in prison, assaulted the victim who was in the state of detention and was in the state of satisfying and satisfying, etc. as stated in the judgment, and the victim and his family members want to be punished against the defendant because they did not agree with the victim so far.

However, on the other hand, it seems that the circumstances leading to the crime of this case are variously contingent, and if only the injury suffered by the defendant's assault itself at the time, it cannot be deemed that the degree of injury is serious.

In addition, the defendant did not have any previous convictions exceeding the same kind of fine or fine even before now, and he has been able to repented with his past mistake of drinking without permission, and reflectedly.

Therefore, the above major circumstances are disadvantageous or favorable to the defendant.

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