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(영문) 서울서부지방법원 2017.03.23 2017고단54
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 9, 2016, at the parking lot of Yongsan-gu Seoul Metropolitan Government, the Defendant: (a) had a dispute with the victim G (son and 42 years old); and (b) had the victim’s side H and maju; and (c) had the victim’s head left the ground floor due to the victim’s own hand, leaving the victim’s back to the lower end; and (d) had the victim face face on the ground side of the victim who has lost his mind two times in drinking, and had the victim face of the victim who has lost his mind two times in drinking, for about four weeks, for the medical treatment and continuous rehabilitation treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the violence scene photographs and diagnostic reports;

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 recommendation] under the basic area of category 1 (the general injury) (4 to one year and six months), where punishment is not imposed (including a person who has been specially mitigated), or where considerable damage has been recovered from damage (including a serious effort to recover damage), the serious injury (1 to four types) / [decision of sentence] the degree of injury in this case is a serious letter, and the defendant escaped without relief of the victim who has lost his mind at his own price.

However, the fact that the defendant repents the defendant's mistake, compensates for damages and smoothly agrees with the victim, 10 or more years before and after one time of a fine, the fact that there was no past record of the same crime shall be considered as favorable circumstances, and all other factors of sentencing such as the background leading to the crime, age, sex, environment, etc. of the defendant, and the punishment was determined as ordered.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

record.

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