beta
(영문) 서울북부지방법원 2020.11.18 2020고단2860

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant is a person who lives in the C neighborhood in Seongbuk-gu Seoul Metropolitan Government.

On May 26, 2020, the Defendant, at around 22:15, 2020, expressed a bath to the victim D (Nam, 18 years of age) who returned home on the ground that the student’s face and part of the body of the water would be disturbed due to the scambling, and to E, took the victim’s face at one time in drinking, taken the victim’s hand, intending to scam the victim’s face and scam the bridge, cut the victim’s scam with his arms, and tried to scam the victim’s face and part of the scambling. In that process, the Defendant sustained the victim with the face and part of the scambling, with approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A photograph of damage and a written diagnosis of injury;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend a lecture, or order to attend a community service order under Article 62-2 of the Criminal Act, the victim’s age age is not less and less than the degree of injury is not less and damage is not recovered, damage is not recovered, punishment exceeding the fine is being committed, there is no record of punishment exceeding the fine, and other circumstances revealed in pleadings, such as the defendant’s age, character and conduct, situation before and after the crime, and motive of the crime, shall be determined as the same as the order,