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(영문) 서울중앙지방법원 2013.12.20 2013고단3881 (1)
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

On February 21, 2013, at around 05:00, the Defendant sustained two times the face of the said victim by drinking together with the victim when the victim D (manam and 33 years old) went through the side of the Defendant when she takes a bath with the victim when she takes a view of one another in the wind that the Defendant took place. On February 21, 2013, at around 05:0, the Defendant sustained two times for the face of the said victim by taking about six weeks of treatment, and sustained injury to the said victim by taking about six weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant D’s legal statement

1. The application of Acts and subordinate statutes of the injury diagnosis certificate (No. 2 list of evidence);

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

2. The recommended sentencing guidelines: Imprisonment with prison labor for not more than eight months (the area to be mitigated, among types 1 of general injury);

3. Determination of sentence: A sentence shall be imposed for a year of suspended execution of four months in consideration of the fact that the degree of injury to the victim is not less severe, and the defendant also deposits the amount of injury, five million won, which is the amount equivalent to the medical expenses of the victim, as the amount of damage compensation; a sentence shall be imposed in consideration of the fact that there is no criminal offense except for a minor fine, and that there is no depth of mistake, and the execution thereof shall be postponed;

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