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(영문) 서울중앙지방법원 2018.11.28 2018고단5463
상해
Text

A defendant shall be punished by imprisonment for four 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

On May 3, 2018, around 01:15, the Defendant inflicted injury on the part of the left side of the treatment days, such as the victim E (46 years old) and Si expenses, when the victim E (46 years old) and Si expenses are taken several times due to drinking, and the Defendant got out of the front side of the body of the victim, and the Defendant got out of the front side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Injury (the general injury) in the area of mitigation (two months to ten months) (the person subject to special mitigation)

2. Determination of sentence;

(a) A favorable condition: A reflectivity, and the victim's penalty is not imposed;

(b) Unfavorable circumstances: Records of a large number of identical crimes;

(c) Other factors such as the Defendant’s age, sex, environment, occupation, family, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered in a comprehensive manner.

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