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(영문) 서울서부지방법원 2016.05.25 2016고단126
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2015, around 00:30 on December 15, 2015, the Defendant argued in the Eunpyeong-gu Seoul Metropolitan Government “D” singing room 2 heading room to conflict with the victim E (46 years of age). On the other hand, the Defendant inflicted an injury on the victim for treatment days, such as the victim’s face is teared, and the Plaintiff’s face is teared.

Summary of Evidence

1. Statement by the defendant in court;

1. The police suspect examination report regarding E;

1. Application of Acts and subordinate statutes on the scene of damage and occurrence;

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

1. In light of the Defendant’s speech and behavior, etc. recorded in the judgment on the assertion of mental and physical loss or mental weakness under Article 62(1) of the Criminal Act, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of committing the crime.

The reason for sentencing [the scope of recommendation] General Injury (the scope of punishment) No. 1 (the general injury) [the person who has been specially mitigated] [the person who has been sentenced to punishment] [including a serious effort to recover damage] / [the decision of sentence] / The punishment was again sentenced to a crime listed in the previous crime even though having been punished several times due to a crime related to violence in the past, and the degree of injury suffered by the victim is not less than that of the crime. After this year of 2003, there is no record of punishment due to violence, and there is no record of punishment due to a crime committed by violence, and it seems that a dispute with the victim of sexual intercourse caused a contingent crime, and the execution of the punishment is suspended by setting the period of imprisonment for four months in consideration of the circumstances that the injured person has received from the injured person.

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