(영문) 서울남부지방법원 2016.02.03 2015고단4522

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.02.03 2015고단4522

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 20:00 on April 8, 2015, the Defendant, at the house of Gangseo-gu Seoul Metropolitan Government D Victim E (46) and on the ground that the Defendant was willing to demand the return of the money borrowed from another person on the part of another person, caused the victim's body by putting the victim's shoulder up by hand, followed the victim's seat by putting the victim's shoulder up, putting the victim's shoulder back to another left hand on the part of the victim's body, and putting the victim's face up five times on the part of the victim's face, ear, etc., on five occasions on the part of the son-do-gu Seoul Metropolitan Government D Victim E (46 years).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Data pertaining to injuries;

1. Application of Acts and subordinate statutes to investigation reports (medical records appended to complainants);

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of general injury) / [the person who is subject to special mitigation (special mitigation)] / [the amount of punishment / the victim] / the injury (the amount of punishment / [the amount of punishment 1/4] / the victim has agreed smoothly, the victim has no record of being punished for the same kind of crime other than those subject to a disposition which has no power to prosecute three times, the victim was injured in the course of dispute with the escape first, and other various sentencing conditions such as the defendant's age, sex behavior, environment, and circumstances after the crime, etc., shall be determined as ordered according to the sentencing guidelines and the execution of the sentence shall be suspended.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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