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(영문) 서울남부지방법원 2016.09.28 2016고단2599
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2016, around 18:40 on May 20, 2016, the Defendant listens to the horses that he would have repaid the credit value of the above restaurant from the victim D ( South, 62 years old), and “Ne Da C”

“A person who caused damage by stick,” which was cited as “, got off the damaged person.”

Accordingly, the defendant injured the victim to the extent of tearing down and tearing left home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Four months to one year and six months (the basic area of general injury to the violent crime group) of imprisonment within the scope of the recommended sentence on the sentencing criteria; and

2. Although the defendant who has been sentenced to punishment more than twenty times as a crime of the same kind of violence has been sentenced to punishment, the circumstances that the defendant committed the crime of this case at a disadvantage and the defendant recognized the mistake thereof, the degree of injury is relatively minor, the victim withdraws his complaint by mutual consent with the victim and the health of the defendant is not good, etc. shall be determined as ordered by the sentence.

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