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(영문) 서울중앙지방법원 2018.09.05 2018고단369

상해

Text

A defendant shall be punished by imprisonment for four 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.

Reasons

Punishment of the crime

On September 19, 2017, at around 20:05, the Defendant: (a) brought an action against the victim D (59 tax) and the age of the victim, who was unbrupted in front of the main toilet of the Jongno-gu Seoul building 2, around September 2017, the Defendant: (b) brought an injury to the victim’s face, such as a catus bat, which requires approximately four weeks of medical treatment, by moving the victim’s face back to the outside of the building; (c) was fatd once by drinking; and (d) was batdd by twice the victim’s side batf of the victim’s body by moving the victim’s face back to the floor; and (e) was fatding the victim’s face into the part of the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (Confirmation of the content ofCCTV video image);

1. A detailed statement of the processing of reported cases;

1. Each written diagnosis (referring to 3, 5, 6 each time);

1. Application of Acts and subordinate statutes on photographed parts of DNA injury to a victim;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime.

Unfavorable circumstances: Defendant has a number of criminal records of violence.

In light of the motive leading up to the instant crime, the attitude of the Defendant’s act, the degree of injury as a result, etc., the quality of the crime and the liability for the crime are not exceptionally applied.

The defendant agreed to compensate the victim for the damage in cash.

Part of innocence (not guilty)

1. On September 19, 2017, the Defendant charged with this part of the facts charged: (a) around 20:05, the victim D (59 years old) and the age of the victim, who was prone to the second floor of the Jongno-gu Seoul building building B, was prone to the rest of the building, and the victim’s face was taken one time by drinking to the outside of the building; and (b) the victim’s face was fright to the victim’s face when the victim’s side part was 2 times by hand, after going up to the floor, and then going up to the bottom of the victim’s body.