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(영문) 서울북부지방법원 2020.10.14 2020고단3185

상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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 03:51 on April 14, 2020, the Defendant, while drinking alcohol like the victim D (bee 22 years of age) in the “C” restaurant located in Seoul Special Metropolitan City, Nowon-gu, caused injury to the victim, such as an internal dyscopic scopic scopic scopic scopic scopic scopic scopic scopic scops and scopic scopic scopic scopic scopic scopic scopics and scopic scopic scopic scopics, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. The victim's Assault photograph and internal report (CCTV verification);

1. Application of Acts and subordinate statutes to the medical certificate of injury, opinion, and medical certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is not only that the defendant has been punished several times for the same kind of crime, but also that the nature of the crime of this case is not good.

Considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, occupation, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc., when considering the following factors: (a) the defendant's mistake is recognized and reflects the defendant's mistake; (b) the victim and the victim are punished against the defendant; and (c) the victim are punished against the defendant by mutual agreement with the victim; and (d) the fact that there is no criminal record exceeding the fine, etc