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(영문) 서울중앙지방법원 2016.03.31 2015고단4406
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2015, at around 10:30 on June 3, 2015, the Defendant, while drinking alcohol together with D D restaurant located in Gangnam-gu Seoul Metropolitan Government, was injured by the victim E (the 34 years of age), who was in the process of drinking alcohol, by cutting down the victim's head debt and cutting off the victim's head debt, and cutting down the shoulder part over several times, thereby causing the next victim's injury to the left-hand elel in need of approximately seven weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the second public trial protocol;

1. Statement made by the police for E;

1. Medical certificate (No. 8 list of evidence);

1. Dangerous photographs and photographs of operations;

1. Application of a written request for inquiry of facts to the F Hospital and reply statutes;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. The serious injury (1.4 types) in the area of aggravation (6 months to 2 years) (special aggravation) of the aggravated area (1.4 types) of general injury (1.4 types).

2. The fact that the injured party who suffered a serious injury but failed to recover the injury, and thus the injured party wants a severe punishment against the defendant. Nevertheless, the defendant's act is under dispute about the fact that the injured party suffered from his own act, which appears to have caused a fighting under the influence of alcohol, and the defendant seems to have no record of criminal punishment, the defendant's age, sexual conduct, intelligence and environment, relationship with the injured party, motive, means and consequence of the crime, etc. shall be determined within the scope of the above sentencing guidelines by taking into account the sentencing conditions, such as the defendant's age, sexual behavior, intelligence and environment, relationship with the injured party, motive, means and consequence of the crime, etc.

It is so decided as per Disposition for the above reasons.

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