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(영문) 서울남부지방법원 2015.04.07 2015고단44
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On November 30, 2014, around 21:45, the Defendant inflicted injury on the victim D (n, 64 years of age) with “E” operated by Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, on the ground that the victim was born at a time and climb, and that the victim’s hair was bad, and the victim’s face was taken at a time due to drinking, resulting in an injury, such as an acute flabing surgery, which requires the victim’s treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs, etc. of victims;

1. Report on investigation (related to submission of a medical certificate) and the application of Acts and subordinate statutes on investigation reports (related to the investigation of shootings);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendation] general injury (the scope of general injury) in the basic area ( April to one year and six months): The method of cruel crime and the factor of mitigation of serious injury: The court below committed the crime in this case even though the defendant had the record of being punished by the suspension of the execution of imprisonment, etc. several times for the same violent crime.

The crime is also committed because the victim's face is unsatisfyed with the victim without any specific motive, and the victim's face is damaged by acute satisfying and satisfying blood, etc., which requires approximately six weeks of treatment, and the method of crime or the degree of injury inflicted on the victim should be subject to strict punishment corresponding to it.

However, in light of the fact that the victim pays damages to the victim and only agreed that the victim does not want the punishment of the defendant, there is no record of a serious crime other than a fine in the last five years, and that the confession of the crime and the strong reflectiveness are taken into account, the suspension of the execution of imprisonment, such as the order, shall be limited to this time.

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