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(영문) 서울북부지방법원 2016.09.21 2016고단2269
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: (a) around 00:19, while drinking together with drinking at the F main points in Seoul Jung-gu E and 2, the Defendant was refused to comply with the Victim G (V, 20 years of age) and drinking. One of the Defendant’s daily activities was the beer of the victim’s happiness; (b) one of the Defendant’s daily activities was against the Defendant and the Defendant’s daily activities.

Defendant, at the same time and place as above, had a beer’s disease, which is a dangerous object on the ground that he is frightened from the victim’s conduct, faced with the victim’s face, and had the victim receive approximately eight weeks of medical treatment, and had the victim suffered injury, such as the mouth of the inside and the floor of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Making records and reporting of records;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate), each injury diagnosis report;

1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one year to ten years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is habitually injured, repeated crimes, and special injuries (the habitual injury, repeated crime, and special injury) are mitigated in the mitigated area (one year and six months to two years), the punishment not for the person subject to special mitigation [including serious efforts to recover damage], or considerable damage is recovered;

3. A very serious injury to the victim who has rendered a sentence of sentence is considered to be disadvantageous.

On the other hand, the fact that the victim has agreed to pay 60 million won to the victim, and that there is no criminal history except that the victim has been sentenced to a fine for fraud in 2005.

In the above circumstances, the conditions of sentencing such as the defendant's age, sex, environment, etc. and the above sentencing guidelines are based on the Act on the Punishment of Violences, etc. before the revision (Act No. 12896).

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