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(영문) 서울서부지방법원 2016.08.30 2016고단1165
상해
Text

A defendant shall be punished by imprisonment for six 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 November 17, 2015, around 22:20, the Defendant: (a) committed assault against the victim B (57 Dose) on a taxi driving under the Seodaemun-gu Seoul, Seodaemun-gu, Seoul (57 Dose) prior to the so-called Seodaemun-gu Seoul, Seocheon-gu, Seoul; (b) took the taxi in front of the road in front of the Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (c) took one time the body of the victim temporarily set off in order to take the Defendant’s animal from drinking without any reason under the influence of alcohol; and (d) took the victim’s face, head, etc. at hand, 42 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of a medical certificate), an investigation report (to hear statements from a victim), and an investigation report;

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

1. The reason 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] is set as the order, comprehensively taking into account all the factors of sentencing as shown in the arguments, such as the defendant's criminal history, age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., and the circumstances after the crime, where punishment is not imposed (including a special mitigation) or considerable damage was recovered (including a serious effort to recover damage) or considerable damage was restored.

The extent of the adverse normal injury, the confession of the normal crime that is advantageous to the fact that it is not the first offender, and the misunderstanding is divided, and the agreement has been reached with the victim.

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