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(영문) 서울중앙지방법원 2015.04.16 2015고합191
중상해
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 02:00 on February 27, 2015, the Defendant brought an injury on the victim E (year 39) who is a volunteer club in the same gas station in Jung-gu Seoul, Jung-gu and the Si expenses incurred at the same gas station and brought an injury on the victim’s face by taking the victim’s face into consideration 3 to 4 times by drinking the victim’s face at around 4 to 5 times, and then, the victim sustained an injury on the victim’s real name due to the heat on the left side, the upper part of the left side of the victim’s face, the upper part of the body of the victim’s face, the body of the victim’s body of the victim’s 4 to 5 times.

As such, the Defendant inflicted bodily injury on the victim and caused it to be imprisoned.

Summary of Evidence

1. Defendant's legal statement;

1. Data of photographs;

1. Application of each investigation report (related to the condition of suspect E, suspect E status and change of name of the crime) to statutes;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. Reduction elements of the sentencing criteria (the determination of types) shall apply (the determination of types) to the general injury caused by violence, Type II (the special person in serious injury): Imprisonment with prison labor for not more than six months to one year and six months (the scope of recommending punishment).

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, and 80 hours of community service, when the defendant drinks the victim's face several times, the left side of the victim's face is cut off by a majority of the body of the victim's face, and due to cerebrovascular, the victim's personal name was not only caused by mercination on the left side but also by mercination on the left side.

In addition, since the victim is expected to suffer a lot of inconvenience in the daily life of the vehicle due to the real name of one eye, the degree of damage is relatively more important.

However, the defendant's act of drinking together with the victim who is working for the workplace, and at the end of the dispute, the defendant first committed the crime of this case with head from the victim.

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