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(영문) 인천지방법원 부천지원 2020.01.09 2019고단3301

상해

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The defendant is the first marina relationship with the victim B (n, 20 years of age) in the old world.

At around 19:20 on September 20, 2019, the Defendant walked a path at the front plaza of Seocheon-si C, without any justifiable reason, following the victim's behind him/her. On one occasion, the victim's face was taken once by drinking to be used by the victim, and the victim's face was leeped by drinking, and the victim's side was leeped by drinking to be able to go back to the victim, and then the victim's side was leeped by drinking to be avoided.

As a result, the Defendant inflicted injury on the victim, such as the cutting of a peltos that require approximately 30 days of medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Investigation report ( telephone communications of a victim);

1. Investigation report (on-site CCTV verification investigation);

1. 112 reported details;

1. A written diagnosis of injury;

1. On-site photographs and victim photographs;

1. Photographs of the suspect;

1. Application of CCTV Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision of the recommended area] of the category 1 (less than 100 million won) (decision of the recommended area] (decision of the recommended area], four months to one year and six months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as imprisonment for one year and the age, character and conduct, environment, circumstances of crime and circumstances after the crime is committed, as shown below.

A favorable normal condition: There is no history of criminal punishment for at least 15 years.

There was a possibility that mental illness such as the on-site disease suffering by the defendant had an impact on the crime of this case.

The term "unfavorable circumstances" is a case where a female victim who goes through as much as many citizens observe without any particular reason is a non-discriminatory violence to inflict an injury, such as a balone, etc.

It is not easy that the victim's standing is less and the victim's fear of violence as well as the victim's ordinary citizens increases fear and fear.