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(영문) 서울중앙지방법원 2013.09.04 2013고단4229
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

피고인은 2013. 4. 21. 05:00경 서울 중구 C빌딩 512호에 있는 ‘D’에서 피해자 E을 비롯한 일용직 노동자들과 바둑이 도박을 하던 중, 딜러인 피해자가 다른 사람에게 유리하게 패를 돌리자 화가 나 양주먹으로 몸을 수회 때리고, 양발로 피해자의 몸을 수회 걷어찼다.

As a result, the defendant suffered injury to the victim at least 5 weeks of medical treatment such as 7 lup lup at the right side and 6 lup at the left side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 (Consideration of the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] - No general injury [Special Aggravation of Punishment] - No aggravated element: Reduction element: (a) imprisonment with prison labor for two months or one year [the scope of punishment by recommendation] in the mitigation area; (b) imprisonment with prison labor for eight months or one year [the scope of punishment by sentence] in the mitigation area; and (c) the degree of injury for two years in the suspension of execution is not somewhat minor; (d) previous parts of the crime are several times, but the crime is not minor; (e) the defendant committed a contingent crime at drinkingdo; (e) the defendant committed a contingent crime; (g) the victim does not want the punishment against the defendant; (g) the victim does not want the punishment against the defendant; (g) the victim has a family member to support the defendant; and (g) the punishment shall be determined within

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

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