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(영문) 서울북부지방법원 2017.10.25 2017고단3256
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 29, 2017, at around 16:30, the Defendant 173 at a Myeon area park located in Jung-gu Seoul, Jung-gu, Seoul, and at around 173, the Defendant saw the victim C (43 tax) who was seated in the above park and sprinked with the victim’s head by cutting and pushing the victim’s head by hand, and caused the victim’s head to face with the metal pole located on the front side of the above suspect, and cut the victim’s left head to the extent of 10m.

As a result, the Defendant brought the victim with an influence to the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A victim's photograph;

1. Application of on-site CCTV-related statutes;

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following facts: (a) the defendant has been subject to punishment several times as a crime of violence, such as the punishment of suspended execution, due to interference with the performance of official duties on or around 2011; (b) the defendant confessions and reflects the crime of this case; (c) the defendant appears to have committed the crime of this case in a timely manner with the victim under the influence of alcohol at the time; (d) the victim and the victim have not been punished against the defendant by smoothly agreement with the victim; and (e) other facts and guidelines revealed in the records and changes theory of this case are considered.

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