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(영문) 서울남부지방법원 2020.01.15 2019고단3234
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

The Defendant, together with the victim B, was traveling to Vietnam on January 4, 2019, with the same month during which he/she continued to engage in a golf game and was injured by appraisal.

7. Around 20:00 (local view) at the front of a Korean-style restaurant near the International Airport near Vietnam, where the victim and the victim suffered bodily injury, such as a sloping spelfe, which requires approximately six weeks of medical treatment, by taking the victim's face as his/her hand, while engaging in a dispute over the results of golf games with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by witness B and C;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence is considerably significant in the result of injury caused by the instant crime.

However, the defendant has no record of being punished by a fine or more, and even though it did not reach an agreement with the victim, 8 million won was paid to the victim for the recovery of damage.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances, the relationship between the victim and the defendant, the motive, background, means and consequence of the instant crime, the age, character and conduct, the environment of the defendant, and the circumstances after the crime, shall be determined as per the order.

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