beta
(영문) 서울남부지방법원 2020.05.04 2019고단4311

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 02:45 on June 7, 2019, the Defendant: (a) while drinking alcohol at the Guro-gu Seoul Metropolitan Government building B and “Cjuk” located on the second floor, the Defendant inflicted an injury on the victim D (the age of 31) who was another tabled on the other table was in a trial for the reason that he is bad, and the victim’s face was cut one time due to left drinking; (b) when the victim left outside of the gate was frighted the victim, the victim was fright up to the floor when she frights the victim, and walked the victim with his face from the floor when she frights the victim’s face; and (c) when she takes the victim’s face to the left side of the second floor, she was unable to know the number of days of treatment, such as the victim’s fright is separated from the fright of the victim, and the face is frightd.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing body photographs;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], four months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 6 months, conditions unfavorable to a suspended sentence for 2 years: Circumstances that are favorable to the nature of the crime in light of the background, method and content of the crime in this case, degree of damage, etc., circumstances that are favorable to the conclusion that the victim did not agree with the victim or take any specific measures to recover damage: First, the defendant is obscisying, and all the sentencing conditions specified in the arguments and records of this case, including the circumstances in which the defendant was not able to pay attention, and the age, character and behavior, environment, motive, means and consequence of the crime, and