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(영문) 서울북부지방법원 2017.05.17 2016고단5824
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2016, around 02:30 on December 1, 2016, the Defendant: (a) drinked the victim E (the 37-year-old age) who was a guest at the Dongdaemun-gu Seoul Metropolitan Government drinking house to be a guest; (b) and (c) drinked the victim while drinking alcohol.”

For the reason that ‘the victim's face was taken out, the victim suffered injury, such as the right-hand eye, which requires treatment for about two weeks after the surgery, after drinking the victim' face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on internal accidents (investigation into the counter phone of a shote);

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to the investigation report (the F currency content of a wooden person);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing).

3. The fact that the defendant's face is strong due to the determination of sentence and the risk of the act is not good in terms of the nature of the crime, and that he did not compensate for the damage is disadvantageous.

On the other hand, the fact that it seems to be a contingent crime, the history of punishment for violent crime is possible, but there is no record of punishment exceeding fines after 2004, and the fact that the degree of injury suffered by the victim is not heavy is favorable.

In the above circumstances, the sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, environment, etc.

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