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(영문) 서울중앙지방법원 2016.06.23 2016고단2369
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 19, 2016, at around 23:10, the Defendant avoided disturbance, such as drinking while drinking at C Gosiwon located in Jung-gu Seoul, Jung-gu, Seoul, and 2, and caused the injury to the victim, such as the removal from the victim D (62 years of age) residing in the above Gosiwon, after the locking, the Defendant saw the victim's left part of the victim's body due to drinking, once, and as soon as possible, once the victim's left part part of the victim's body was broken, five and six times of walking, and six times of walking the victim's clothes and legs, and the victim suffered injury, such as the removal of the left part of the victim's body and the mouth of the lower wall, which require approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs photographs of parts of the body of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment recommended according to sentencing guidelines] The basic area (from April to January 1) of Class 1 (the general injury) (the decision of sentencing) [the decision of sentencing] under the following circumstances, comprehensively taking into account the defendant's age, sexual behavior, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered within the scope of the recommended sentence.

o Unfavorable circumstances: The degree of assault is serious, while the injury of the victim is not less and less than that of the victim, the victim did not reach an agreement with the victim.

There are two previous records of punishment for the same violence crime.

o favorable circumstances: A certain amount of money (40 million won) was deposited for the victim late.

The records of the same kind of violent crime are punished twice by a fine before around 2002, and thereafter there are no records of the same kind of violent crime, and there are no criminal records of imprisonment without prison labor or more.

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