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(영문) 서울서부지방법원 2017.11.24 2017고단2299
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

On July 23, 2017, at around 23:30, the Defendant reported the victim D (65 years of age) who was a mixed drinking, and met the victim D (65 years of age) who was a mixed drinking, and went beyond the victim's face, chest, etc. on drinking without any particular reason, and continued to take part in the victim's body.

As a result, the Defendant inflicted bodily injury on the victim, such as face, breast part, etc., in which the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the recommended sentence] general injury shall be determined in consideration of the following: (a) the mitigation area (two months to one year); (b) the punishment is not imposed (including a person who has been specially mitigated), or considerable damage is recovered (including a serious effort to recover damage); (c) the decision of sentence is erroneous; (d) the fact that the party has agreed with the victim; and (e) the fact that there are many records of having been sentenced to a fine due to violent crimes.

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