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(영문) 서울동부지방법원 2016.08.25 2016고단605
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 16, 2016, the Defendant: (a) around 00:20 on January 16, 2016, to the Victim C (44 tax) prior to Seongdong-gu Seoul, Seoul.

“Around 28 days, the victim’s face, being taken by taking the victim’s face by taking the victim’s face by drinking, and taking the victim’s face by taking the victim’s body by drinking, and taking a non-discriminatory instruction to the victim, thereby causing injury to the victim, such as a breath, spathing, etc., in need of medical treatment for about 28 days, by taking approximately 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the accused or C by the prosecution;

1. Application of investigation reports (in relation to submission of a medical certificate for injury, etc.), investigation reports (related to the verification of records of video recording of on-site CCTV cameras), and statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Scope of recommending grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act: The punishment shall be determined by taking into consideration favorable circumstances, such as the following: (a) the basic area (4 months to one year and six months) of punishment (special mitigation or increase) [special mitigation or increase] (a person subject to punishment] (a person subject to special mitigation or increase] / (a person subject to suspended sentence)] / (b) the period of suspended sentence for 2 years of suspended sentence for 10 months to 10 months, including one time of suspended sentence for violent crimes, and there has been a history of criminal punishment for 6 times as the defendant was subject to suspended sentence for 2 years of suspended sentence for 10 months to 6 months; (b) the quality of the crime committed by the victim without any special reason is not good; (c) the degree of injury suffered by the victim is considerably significant; and (d) the circumstances after the crime are not good, such as asserting violence between both parties at the investigation stage, etc., due to the agreement with the victim and the victim.

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