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(영문) 서울서부지방법원 2020.09.09 2020고단1848

상해

Text

A defendant shall be punished by imprisonment for 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 07:40 on May 5, 2020, the Defendant, on the front of the 'C' restaurant in Eunpyeong-gu Seoul Metropolitan Government, and on the ground that the victim respondeded to bad medication to the victim E (20 years of age) who is an employee of the cafeteria operated by D, known to the Defendant, the Defendant inflicted an injury on the victim, such as influenite, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Each police statement made to D or F;

1. Each investigation report (related to CCTV investigations and C CCTV images);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of injuring victims;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the suspension of execution of the community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 1] general injury [Article 1] and there is no general injury [specific person] [Article 1] [Scope of recommendation and recommendation range], basic area of punishment, April through June of imprisonment;

2. Determination of sentence [limited circumstances] is recognized and contradictory to the determination of sentence.

Except for those sentenced to a fine three-time fine, no criminal history shall exist.

The victim paid money in the name of medical expenses to the victim and agreed with the victim.

[Unfavorable circumstances] The victim used violence solely on the ground that the victim’s attitude does not appear in mind.

In order to keep the face of the victim beyond the care of the victim, violence was committed, such as continuing to keep the victim's face, thereby causing 4 weeks injury to the victim.