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(영문) 서울남부지방법원 2018.04.25 2017고단6243
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Punishment of the crime

피고인은 2017. 8. 3. 00:35 경 서울 양천구 B에 있는 ‘C’ 앞 노상에서, 피해자 D(32 세) 이 회식자리에서 피고인을 무례하게 대했다는 이유로 주먹으로 피해자의 얼굴을 1회 때려 피해자를 바닥에 넘어뜨려 피해자에게 약 8 주간 치료가 필요한 직접 목동맥 해면 굴 샛길 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] General In the basic area (4-1-6 months to one year), (including a person who has been specially mitigated), in the event that punishment is not imposed (including a serious effort to recover damage), or considerable damage has been recovered, the sentence was determined as ordered by comprehensively taking into account the circumstances and contents of the instant crime, the degree of damage, in the case where the victim paid a considerable amount of money to the victim, and the victim did not want to be punished, confession and reflect, in addition to a fine prior to and once due to drinking, the victim has no record of crime, other age, career, health status, financial status, family relation, etc. of the defendant, or all other circumstances favorable or unfavorable to the defendant during pleadings, such as family relation, etc.

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