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(영문) 서울남부지방법원 2015.10.16 2015고단3134
상해
Text

A defendant shall be punished by imprisonment for one year.

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 00:30 on April 30, 2015, while residing in Gangseo-gu Seoul Metropolitan Government, the Defendant took a warning against noise between the upper floor from the victim D (the age of 62) residing in the lower floor, and tried to find out the residence of the victim, thereby leaving the victim’s door and leaving the victim into the victim, and caused the victim’s injury, such as cutting down the bones of the bones, which requires the victim’s treatment for about five weeks, by drinking the victim’s side and head.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury;

1. Application of investigation reports (related to listening to the call call of the nurse room in charge of the head of the F Hospital Hospital);

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. The reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] General Characters (In General Bodily Injury) No. 1 (Special Mitigation From April to One year), the basic area (including Special Mitigation) (Special Mitigation) / Non-Voluntary (including efforts to recover from damage) / The Decision of Sentence 1 and 4 (Pronouncement 1 and Four) / The Decision of Sentence 15 years (Pronouncement / The Decision of Sentence ] The fact that there is no criminal history for the last 15 years and that the victims have agreed smoothly with the victim, etc., shall be sentenced as ordered in accordance with sentencing guidelines and its execution shall be suspended on the condition of probation.

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