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(영문) 서울동부지방법원 2016.01.28 2015고단3456
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

The Defendant, at around 06:20 on September 21, 2015, at “C cafeteria” located in Gwangjin-gu Seoul, Seoul around 06:20 on September 21, 2015, to the female-friendly Gu of the victim D who sits in the next table.

During the victim’s statement, “Ik kik,” etc., the victim left one screen of “scam” on the ground that the victim raised an objection against it, and caused the victim to go up with the number of days of treatment to the victim once in accordance with this part of the victim.

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 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1), proviso of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection: A series of violent crimes have been committed even before the times, and recidivism has been committed; the Defendant, without any particular reason, loaded the victim’s face and inflicted an injury on the part of this part of this case, which caused the Defendant to tear the victim’s face, without any particular reason, shall be determined as ordered by taking into account the motive, circumstance, danger, Defendant’s violent inclination, etc., and other favorable circumstances: (a) reflects wrong: (b) agreement with the victim; and (c) other factors for various sentencing specified in the arguments and records of this case are comprehensively considered.

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