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(영문) 서울동부지방법원 2015.06.03 2015고단773
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

At around 13:11 on March 17, 2015, the Defendant: (a) found a “D” restaurant used as an employee by the victim C (V, 50 years of age) located in Gangdong-gu Seoul as the employee, and caused the Defendant to inflict an injury that caused the victim’s face and face to the victim by leaving the restaurant again at around 13:50 on the same day on the ground that the victim did not repay the money borrowed to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general injury [the scope of recommending punishment] the mitigated area (2-1 year) (2-1 year) of the mitigated area (special mitigation] [the decision of sentencing] of the suspended sentence (the defendant has a record of being punished ten times as a crime of violence, and the degree of assault is not easy.

On the other hand, it is decided as per the disposition in consideration of the anti-discrimination and the fact that the victim does not want the punishment of the defendant.

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