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(영문) 서울북부지방법원 2020.08.26 2019고단4676

상해

Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The defendant is a person working for the management office of Dongdaemun-gu Seoul Metropolitan Government apartment, and the victim B (the age of 65) is the above apartment security guard.

Around 08:00 on May 6, 2019, the Defendant had a dispute with the victim due to the problem of apartment water supply at the front of the apartment management office, and had an appraisal, caused his/her body fighting. During that process, the Defendant was in need of treatment for about four weeks, considering the face of the victim due to his/her son's loss.

Summary of Evidence

1. Application of the Act and subordinate statutes to the witness B’s legal statement B, the body photographs, and the photographic injury diagnosis report after treatment;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is not clear) that the victim's injury on the grounds of sentencing is not easy, and the defendant does not have any attitude to entirely reflect on denying the crime. The defendant has several records of punishment for the same kind of crime, and all other conditions of sentencing shall be determined by taking into account the following factors.