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(영문) 서울남부지방법원 2015.08.07 2014고단5153
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:00 on September 10, 2014, the Defendant, while drinking alcohol together with the victim D (the age of 59) in front of Guro-gu Seoul Metropolitan Government, tried to listen to the Defendant’s desire for the victim’s appearance, etc. from the victim. On the other hand, the Defendant inflicted an injury on the blood cerebral cerebral that requires approximately six weeks of medical treatment on the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police;

1. A general medical certificate;

1. Each report on investigation;

1. Application of statutes on site and field photographs;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the case where the basic area (including persons who have been specially mitigated) of types 1 (Article 4-1 and 6) (Article 62) and the basic area (Article 62(1) of the Criminal Act / [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution / [Article 51 of the Act on the Suspension of Execution] (Article 51 of the Criminal Procedure and the Criminal Procedure Act on the records and arguments of this case including the following: (a) the result of a serious injury (Article 1-4) (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution / [Article 62(1) of the Act on the Suspension of Execution / [Article 51 of the Act on the Settlement of Damage) is important; (b) the victim does not wanted

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