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(영문) 서울남부지방법원 2018.04.26 2017고단5641
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is between the victim C (36 years of age) and the annual living together for three years.

On October 21, 2017, the Defendant, at around 04:40 on October 21, 2017, engaged in an oral dispute with the victim in his/her own residence located in Gangseo-gu Seoul Metropolitan Government Dtel 302, followed the victim's face and body to take approximately three weeks of treatment, i.e., head and e., item 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of each victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime (limited to imprisonment with prison labor under a statutory penalty) of the relevant Article of the Criminal Act;

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant had drinking alcohol at the time of committing the crime, and had been physically and mentally weak due to taking the Defendant into use until exemption

One of the arguments, there is no evidence to acknowledge it on the record, and it is not accepted.

Reasons for sentencing

1. From one to ten years of imprisonment with prison labor within the applicable range;

1. The sentencing guidelines [Scope of recommended punishment] Habitual injury, repeated injury, and special injury: Where the area of mitigation (one year and six months from June to two years), the area of mitigation (including a person who has been specially mitigated), the area of penalty not for punishment (including a serious effort to recover damage), or considerable damage has been recovered;

1. The details of suspended execution and sentence of a crime are harsh and the degree of damage resulting therefrom are very poor;

However, considering the fact that the defendant paid about KRW 16 million to the victim and agreed that the injured party does not want the punishment of the defendant, there is no previous conviction in addition to the suspension of indictment, and the health of the defendant is not good, the sentencing guidelines shall be set forth and the execution thereof shall be suspended.

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