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(영문) 서울북부지방법원 2018.06.14 2018고단1102
상해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2017, around 17:30 on March 17:17, 2017, the Defendant was faced with the victim C (Woo, 49 years of age) and the economic problem, and the Defendant was trying to see the face of the victim by drinking alcohol and drinking alcohol twice the victim’s hair and shoulder are twice the victim’s hair, and the victim’s hair and shoulder are twice the victim’s head should be killed by drinking the defective vehicle in order to avoid this.

“At the time of drinking the victim’s head at the time of drinking.”

As a result, the Defendant inflicted bodily injury on the victim, such as spawn in the following spawn, spawn, and other spawn spawn spawn spawn spawn spawn spawn spawn spawn.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on diagnosis of injury, and photographs of victims;

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

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

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

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of general injury) is reduced area (two months to one year), the punishment is not suspended (including serious efforts to recover damage), or damage is restored to a considerable part;

2. The victim, who is the wife of the sentence of sentence, has used violence in a stateless manner, and the degree of injury suffered by the victim is not easy.

It seems that the victim has been able to exercise violence repeatedly, and even after the instant case, it seems that there are still cases of assault and intimidation against the victim.

Although severe punishment is required, the situation in which the victim appeared in this court and expressed his/her will not want to punish the defendant at present is considered in depth.

In addition, the sentencing conditions shown in the records and arguments, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

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