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(영문) 서울서부지방법원 2018.08.14 2018고단1342
상해등
Text

A defendant shall be punished by imprisonment for six 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.

(e).

Reasons

Criminal facts

(Bodi) On March 4, 2018, around 20:50 on March 4, 2018, the Defendant misleads the victim F (58 years) of the victim F (58 years of age) who performed drinking in the restaurant at that place to see that the victim’s drinking was obsescing himself/herself. However, the victim was able to see the victim’s entrance by drinking once the victim’s drinking part, and the victim’s right-hand finger was broken.

As a result, the Defendant inflicted injury on the victim, such as a spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn, which

Summary of Evidence

1. Partial statement of the defendant (the purport that there is the fact at the time of entering the victim);

1. Each legal statement of witness F and G;

1. Investigation report (Submission of F medical certificate of injury);

1. Damage photographs and investigation reports (damage photographs against the suspect) (According to the written consent of the victim and witness G, the injury diagnosis in compliance with the victim's statement, and the victim's victim's victim's statement and the victim's part photographs, the defendant may fully recognize the fact that the defendant inflicted an injury on the victim, such as the

Application of Statutes

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

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

2. Application of the sentencing criteria [types] : One type (general injury) (person subject to special sentencing) and mitigation element ; non-won of punishment (the area of recommendation and the scope of recommended punishment) mitigated area; two months to one year.

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended sentence (any unfavorable condition) and majority of the records of violent crimes (a favorable condition) are not subject to punishment, and the part of dismissing public prosecution that has no record of fine three times of punishment for the last ten years (a assault).

1. On March 4, 2018, the Defendant: (a) around 20:50 on March 4, 2018, at the “E” restaurant located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Victim H(59) who was adjacent to F was f and set up against the Defendant’s clothes.

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