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(영문) 서울남부지방법원 2017.01.13 2016고단4724
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2016, at around 18:55, the Defendant: (a) suffered from the victim E (34) who was working club in the fourth floor of the Yeongdeungpo-gu Seoul Metropolitan Government D D D Building, about the speech of the Defendant and the issue of business instructions to the members of the department to which the victim belongs, and (b) took the hallway from the corridor that moves to the fourth floorme with the victim to the fourth floorme with the victim, thereby shaking the victim’s head's head's head's debt; and (c) when the victim's face's head's head's face is cut off by drinking and hand from the fourth floor of the fourth floor, the Defendant inflicted on the victim, who was in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Each written diagnosis of E;

1. Investigation report (to hear statements from victims E);

1. A criminal investigation report (STV image verification);

1. Investigation report ( neighboring search and CCTV confirmation);

1. A photograph of the part of the upper part of the victim E;

1. Application of CCTV image data ( CDA-related Acts and subordinate statutes);

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

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. The scope of the recommended punishment according to the sentencing guidelines [the types of punishment [the determination of types] of general injury (the person subject to special sentencing], mitigation factors (the grounds for punishment), aggravation factors (the determination of the area of recommendation], the basic area of the recommended punishment [the scope of the recommended punishment] from April to June;

2. Circumstances unfavorable to the determination of sentence: The criminal defendant's liability is heavier in light of the behavior and degree of injury of the crime of this case;

The degree of injury suffered by the victim is very serious.

Although the defendant was punished for violent crimes, he did not improve his character and behavior and repeated again.

In favorable circumstances: During the judgment of this case, the injured party agreed to pay the agreed amount for the recovery of damage to the injured party and agreed to do so.

There is no criminal punishment against the defendant exceeding the fine.

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