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(영문) 서울남부지방법원 2018.06.04 2018고단1260
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 04:00 on November 18, 2017, the Defendant, under the influence of alcohol, engaged in two times in the back part of the head of the victim D (n, 50 years of age) who is female employee, with her hand, and her body was cut over the upper bottom of the victim’s body, and her body was cut over the upper bottom of the locker, and her 3,4,5,5,7,7,8,9, and9 were inflicted on the victim by taking part in the victim’s body, which requires treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A person subject to a special aggravated punishment in the basic area (not less than April or January 1): A person subject to a serious injury (not less than four weeks): A person not to be subject to a suspended sentence [whether a suspended sentence is suspended] and a person subject to no criminal punishment is subject to criminal punishment, and a person not subject to criminal punishment is not subject to criminal punishment (affirmative).

2. That the Defendant’s decision to sentence sentence used violence against the victim without any special reason, and that the degree of injury suffered by the victim is more severe is disadvantageous to the Defendant.

However, there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized, that the victim paid a total of 19 million won to the victim for medical expenses, and that there is no record of criminal punishment, etc.

As such, the sentencing factors, such as the Defendant’s unfavorable circumstances, the Defendant’s age, family relation, sexual conduct, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking account of various factors such as the circumstances after the crime.

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