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(영문) 서울중앙지방법원 2014.09.12 2014고단3962
상해
Text

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

except that 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

At around 21:50 on March 12, 2014, the Defendant: (a) inflicted injury on the victim D (the age of 46) who was living in front of Dongjak-gu Seoul Metropolitan Government (Seoul) and was living in fighting with his name and the victim D (the age of 46) on the roads of Dongjak-gu, Seoul; (b) on the ground that he was aware of the Defendant; (c) on the part of the victim, the victim was faced with the victim’s face by drinking home, resulting in the injury, such

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (report E);

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Recommendations and sentence on the sentencing criteria: One year of imprisonment - two years (the choice of an aggravated area among types 1 of general injury).

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years: A sentence which is somewhat lower than the recommended sentence on the sentencing guidelines shall be imposed in consideration of the fact that the crime in this case was committed against the criminal who speaks at the defendant's fighting without any reason, and the fact that there is no possibility that the crime in this case is committed in light of the degree of injury of the victim in the future and the degree of injury of the victim in the future. However, the defendant deposited 10,000,000 won as compensation for damages against the victim to a certain extent and restored the damage of the victim; the defendant is the first offender who has no power to be punished before or after the crime; and the fact that the defendant is divided in depth after the crime, etc., a sentence which is somewhat lower than the recommended sentence on the sentencing guidelines shall be suspended.

It is so decided as per Disposition for the above reasons.

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