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(영문) 서울북부지방법원 2016.11.25 2016고단3439
상해
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On September 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Seoul Western District Court on September 23, 201, and the said judgment became final and conclusive on October 1, 2014.

【Criminal Facts】

On March 11, 2013, at around 02:00, the Defendant got off the victim's face from the floor to the victim's face, etc. who was going beyond the floor due to the reason that the victim C (the age of 36) was able to speak and take a bath in the vicinity of D'E located in Jung-gu Seoul Metropolitan Government.

As a result, the Defendant inflicted an injury on the victim, such as a ductal of ducts whose days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Medical examination and treatment records (F hospital), certificates of copies of medical records (Seoul Hospital), and certificates of copies of medical records (Gangnam Syan Hospital);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached thereto, such as written judgments);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Determination of punishment as ordered by taking into account the following factors: Article 32(1) and (2) and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Application for Compensation Order, Dismissal of Action, etc. (the scope of liability for compensation is not clear; thus, it is not reasonable to issue an order for compensation in the criminal procedure of this case); the degree of injury inflicted on a victim; the defendant’s wrongness; the defendant has been tried together with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Assault

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