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(영문) 서울중앙지방법원 2013.05.10 2013고단1521
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:35 on December 18, 2012, the Defendant, at the Djuju point located in the Seoul Jung-gu Seoul Central District Office C2, divided the five daily activities of the victim E ( South and the age of 35), who is the former work partner, with the attitude of disregarding himself, such as a change of the person to whom the victim had a good reputation at the time of performance rate, who had a reasonable appraisal as a result of performance rate, was employed.

Therefore, although the defendant was the victim out of the victim, the victim did not comply with the victim's hair with his/her left hand, she can take the face of the victim's eye such as snow, nose, etc., she can take once again, and the victim's right hand over the floor 5-6 times, which led the victim to an injury by taking about 8 weeks of treatment, such as internal breath, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 4 of the evidence list);

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Four to one year and six months of imprisonment with prison labor for the recommended sentence on the sentencing criteria.

3. Sentence of sentence: The sentence of imprisonment with prison labor for 10 months and 2 years of suspended sentence: The degree of injury of the victim is disadvantageous; thus, a person shall be selected and punished by imprisonment with prison labor; however, in the situation where appraisal was accumulated at the same workplace, the victim seems to have neglected the defendant; the defendant seems to have suffered a lot of mental pain before and after the case; the defendant has made efforts to reach an agreement with the victim; the defendant deposited a total amount of eight million won as damages; the defendant has no criminal record except for minor fines; the wife and two children are supported by his wife and children; and the defendant reflects his depth.

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