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(영문) 서울남부지방법원 2019.10.23 2019고단3651
상해
Text

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

However, 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 01:00 on May 6, 2019, the Defendant, without any justifiable reason, inflicted an injury on the victim D(the age of 36) who had drinking on the front of the CNaby club located in Gangseo-gu Seoul Metropolitan Government, without drinking, and continued drinking, resulting in approximately six weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Bodily damaged photo;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], the element of mitigation of punishment (including the area of recommendation and the scope of recommendation], the area of mitigation of punishment (including a serious effort to recover damage), and February through October;

3. Determination of sentence: Imprisonment with prison labor for eight months, and two years of suspended sentence, the Defendant assaulted a victim who does not have any food and sustained an injury.

The victim suffered serious bodily and mental pain while receiving a long-term medical treatment, and was unable to properly engage in his/her life as well as his/her life, and there is a possibility that he/she may suffer from post-treatment, such as albalmal and albalmal disorder in the future, and thus, the damage suffered by the victim is very high.

However, the sentencing conditions, such as the defendant's age, character and behavior, family environment, etc. shall be determined by comprehensively taking into account the fact that the defendant acknowledges and reflects the crime, that the victim does not want the punishment against the defendant by mutual consent with the victim, that the defendant is the first offender who has no record of criminal punishment, and that

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