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(영문) 서울동부지방법원 2013.10.29 2013고단2061
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2013, at around 09:00, the Defendant, within the fourth floor washing room of the building B in Gangdong-gu Seoul Metropolitan Government on the ground that C (the age of 46) has left his laundry without permission, left the fingers from the victim, and continued to use the victim's face when taking the part of the victim's face into drinking, and continued to walk the part of the victim's body into drinking.

As a result, the Defendant inflicted injury on the victim, such as cutting the frame of internal walls and internal walls that need to be treated for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports and diagnosis reports;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Election of Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - In cases where a general injury [Special Aggravation of Punishment] - In cases where a victim is fully responsible for the occurrence of a crime or the expansion of damage even to a victim of mitigation elements - Of the aggravated factors / [Determination of the recommended area] the basic area / [the scope of recommendation] April to 1 year [the general person] / June [the scope of mitigation elements] - the serious half of mitigation elements / statutory punishment of Article 257(1) of the Criminal Act : 1 to 7 years [the scope of suspension of execution] - Where the result of the occurrence of a crime or the expansion of damage caused by a serious injury to the victim: Where the victim is considerably responsible for the occurrence of a crime or the expansion of damage; where the victim is not responsible for the occurrence of a crime: the victim's efforts to recover damage before a suspended sentence of execution at least twice; where there is no positive reason for a prison sentence of imprisonment for damage to the victim; there is no positive reason for recovery of damage;

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