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(영문) 서울서부지방법원 2018.05.03 2018고단637
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On September 13, 2017, the Defendant: (a) around 21:15 on September 21, 2017, the Victim D (47 years old) who decided to operate a fishery cart capital in the Mart office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, demanded the Defendant to pay the Defendant the purchase price of marina business goods and the cost for the preparation of equipment. On the other hand, the Defendant received water from franchis, and franchis into the victim’s face, and franchis into 3 times the victim’s face, she suffered injury, such as the franchis of the franchis combined 4 weeks of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement in the suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of victims) and diagnosis reports;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures: Reasons for sentencing Article 62-2 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crimes, general bodily injury, and one type (general injury);

(b) Special sentencing factors: mitigation factors - Ineligible for punishment

(c) The scope of recommendations and recommendations: Reduction field, imprisonment of two months to one year; or

3. Determination of sentence: The fact that a majority of the past records of violent crimes (two times a suspended sentence of imprisonment, five times a fine) (or more favorable circumstances) has agreed with a victim simply with the victim that the victim does not want the punishment of the defendant, there is no criminal record of a suspended sentence of not more than fifteen years, and the criminal record of a same kind of crime in the last five years or less shall be sentenced to a fine twice a fine;

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