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(영문) 서울북부지방법원 2016.07.21 2016고단1927
상해
Text

A defendant shall be punished by imprisonment for four 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

At around 22:50 on April 12, 2016, the Defendant inflicted an injury on the victim’s face, i.e., the victim E (25 years), who was a taxi in Seongbuk-gu Seoul, by taking the victim’s face before the victim E (25 years old) who was in a taxi, and caused the victim’s injury, i.e., taking about about five weeks of treatment, by taking the victim’s face into drinking, while having been in a dispute with the said victim, he was able to take the face with both hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Each statement of E and F;

1. A report on investigation (attaching photographs of damage);

1. Each investigation report (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, 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 on the observation of protection and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury (the scope of general injury) is reduced area (the imprisonment of two months to one year), the punishment is not suspended (including the serious effort to recover damage), or damage is restored to a considerable part;

3. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the age, health status, family relationship, tendency, etc. of the defendant:

The favorable circumstances: The defendant has his depth and reflected his crime from the investigation stage to this court; the defendant has been working to recover damage by paying 3.5 million won to the victim E as medical expenses prior to the institution of public prosecution; the defendant has submitted a written agreement in which the victim E's intent not to punish him; the victim's side and degree of damage; the reasons leading to the crime of this case; the fact that the defendant has been subject to criminal punishment for violence-related crimes; etc.

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