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(영문) 서울중앙지방법원 2017.11.30 2016고단7721
상해등
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 June 2012, the Defendant came to know of the victim in the restaurant where the victim C (V, 54 years old) was employed by the victim and used the credit card in the name of the victim.

1. On October 28, 2012, the Defendant: (a) committed an injury on the part of the victim, i.e., “an injury to the victim, who was in a dispute with the victim due to drinking or an outbreak,” which requires approximately five weeks of medical treatment to the victim when he/she was in a dispute with the victim, on the ground of the details of the use of the credit card granted by the injured person in a mutual influorial guest room located in Taean-gun, Taean-gun, Chungcheongnam-gun, Taean-gun, Taean-gun.”

2. On July 28, 2013, the Defendant asserted the issue of the details of the use of the credit card with the victim in the Ecom room located in Songpa-gu Seoul Metropolitan Government D, and caused the victim’s right eye to the victim’s right eye by drinking and launchings, and caused the victim’s injury to the victim, such as flick, flick, flick, and so on on, the number of days of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Statement made to C;

1. Each written diagnosis;

1. Investigation report (to hear statements of the complainant C);

1. Application of Acts and subordinate statutes on violence photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Criteria for sentencing under Article 62-2 of the Social Service Order Criminal Act: The general injury, type 1 (general injury), basic area, imprisonment with labor for a period of four months to one year and six months, and multiple crime processing standards are used to assault a victim who was dead at the time of the application of the majority crime, thereby causing the victim less severe injury, and the victim was punished four times due to past violent crimes.

On the other hand, the defendant recognized the crime of this case, and the injured party did not want to punish the defendant by agreement with the victim during the trial process.

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