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(영문) 서울동부지방법원 2014.06.26 2014고단1219
상해
Text

A defendant shall be punished by imprisonment for four 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

around 04:31 on March 28, 2014, the Defendant, while drinking with the victim D (year 47) and drinking in Gangdong-gu Seoul Metropolitan Government, was under the influence of alcohol, has a dispute with the victim.

The body of the victim was expressed in several times due to drinking and growth.

As a result, the Defendant inflicted injury on the victim, such as the inverting bones, etc. of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on medical records to emergency centers;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of sentences recommended by the sentencing guidelines (determination of types), violent crimes, general injury (determination of the recommended sphere), mitigation area (decision of the recommended sphere), two months to one year;

2. Considering the fact that the defendant who was sentenced to punishment has been punished several times for the same crime, even though he had the record of punishment, the defendant should be punished strictly. However, the defendant is led to confession and reflect, agreed with the victim, there is no record of punishment exceeding the fine, and other circumstances revealed in the arguments, such as the defendant's age, character and conduct, occupation, intelligence and environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc., shall be comprehensively taken into account.

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