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(영문) 서울중앙지방법원 2017.07.07 2017고단1488
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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, as the representative director of D, delayed this construction work of the Victim F (47) who was awarded a contract for a “E” club installation from D, and on September 5, 2016, the Defendant into the Defendant’s office located in the eight floor of Gangnam-gu Seoul Metropolitan Government G Building, into which the payment of construction cost was carried out. On September 5, 2016, the Defendant followed the Victim’s face by going through the Agroid and walking the Victim’s face, followed up the Victim’s face and the breast side by drinking and launching, and followed up the Victim’s face and the breast side, the Defendant sawd the Victim on the left side requiring approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each part of the protocol concerning the interrogation of the accused by the prosecution (including the F part of the statement);

1. Statement made to the public prosecutor's office with regard to F;

1. Entry of each statement in the police interrogation protocol against H and I;

1. Statement in the police statement before J; and

1. Description of the written diagnosis of injury;

1. Application of each of the visual Acts and subordinate statutes to photographs of a shot State;

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., favorable circumstances deemed as the following grounds for sentencing):

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The basic area [the scope of the recommended punishment] the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be four months to one year and six months; and

2. The extent of the Defendant’s exercise of violence is limited to not only to the extent of the Defendant’s determination of sentence but also to create an atmosphere threateninging the use of violence, and the circumstances before and after the commission of violence are bad, such as preventing the Defendant from doing any more work by illegal means after the use of violence, and even if the Defendant clearly recognizes the use of violence, such as the victim’s statement of facts constituting the crime, this court has reached this court, and the victim’s chest was faced with the face of the victim’s chest once.

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