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(영문) 서울중앙지방법원 2013.10.24 2013고단5065
상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2013, around 05:17, the Defendant: (a) around the Jongno-gu Seoul Metropolitan Government Performance Arts Center, on the ground that drinking alcohol together with the victim D (30 years of age) who first flicked with the victim D (30 years of age) was inflicked; (b) on the ground that drinking and flicking can take part in telegraph, including the victim’s face; and (c) on the ground that he was aware and flicked for about 42 days to receive treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An injury diagnosis certificate and each medical certificate;

1. Application of the Acts and subordinate statutes on video CDs upon committing a crime;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommended type of sentencing criteria: Violence, general injury, general injury, general injury special person: Where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage (including mitigation factors), the victim is not subject to punishment (including serious efforts to recover damage), or where considerable damage has been recovered from damage (excluding mitigation factors), the victim who is vulnerable to the crime (aggravated factor): The extent of serious reflective sentence, and whether the suspended sentence has no record of criminal punishment (preventive factors): 2 months to 1 year (preventive factors): Suspension of execution - The victim who is vulnerable to the crime - Major pride reasons: A lack of criminal punishment, if the victim has a considerable responsibility for the occurrence or expansion of damage: A victim who is also responsible for the occurrence or expansion of damage (including a serious effort to recover damage) - General pride reasons: Social relative relation, contingent crime, serious reflect, deposit, deposit the amount equivalent to or more than the suspended sentence, there is no criminal record.

2. Six months of imprisonment with prison labor and two years of suspended sentence;

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