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(영문) 서울중앙지방법원 2017.06.08 2017고단687
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant and the victim C(54) are employees of the “E gas station” located in Seocho-gu Seoul Metropolitan Government D.

At around 00:15 on November 18, 2016, the Defendant inflicted an injury on the victim, by means of over 42 days, such as overcoming the victim's face and head at a bed boom, after the Defendant faced the victim who was diving with the examination of the Defendant at the bed of the Defendant at the bed of the instant bed of the Defendant, and taking the victim's face and head at the bed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate of injury or a request for medical treatment of an emergency patient;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury (the general injury) / [the sentence of April-1 year and June] / [the sentence of April] / the defendant's price for a person who has suffered damage due to boomed with breath, and the nature of the crime is not good, and the degree of injury is not weak, and the defendant did not reach an agreement with the victim.

The sentence of imprisonment shall be imposed on the accused, and the execution of imprisonment shall be suspended and community service shall be added by taking into account the following factors: (a) the accused is an contingent crime in the course of fighting between the accused and the victim; (b) the accused is divided into two times; (c) the accused has no criminal history other than fines due to drinking driving; (d) the relationship between the accused and the victim who was working in the workplace; (e) the relationship between the accused and the victim;

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