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(영문) 서울북부지방법원 2017.04.19 2017고단533
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 5, 2016, the Defendant: (a) around 22:22, at C dan, in Gangnam-gu Seoul Metropolitan Government, and (b) at C Garan, in the order of the victim D (58 years old)’s daily behaviors and singing, took the part of the victim’s head; (c) continued to take approximately two weeks of treatment; and (d) continued to take out of the said public entertainment place, while taking part of the said victim E (58 years old) and franchis, brought about injury to the victim E her face while taking part in drinking, the Defendant sustained approximately eight weeks of treatment for the victim E her day, and suffered injury, such as the closure of the victim D (58 years old) and the frame of internal walls.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of an injury diagnostic certificate and diagnostic certificate;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The second crime [the scope of the recommended punishment] in the area of mitigation (including serious efforts to recover damage) under Article 62(1) of the Criminal Act for the first crime for the reason of sentencing under Article 62(1) of the suspended sentence (the scope of punishment] under Article 62(1) of the Act on the Suspension of Execution (the scope of punishment): The second crime [the scope of the recommended punishment] in the area of mitigation (including two months to one year), in the area of mitigation (including serious efforts to recover damage), or in the case of recovery of considerable damage (including serious efforts to recover damage), the final sentence according to the aggravated punishment: February to one year and six months [the sentence]; the victims do not want the punishment of the defendant; the victims do not want the punishment; the victims' age, sex and behavior; the victims' relationship with the victim; the method and consequence of the crime after the commission of the crime; and other relevant factors.

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