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(영문) 서울중앙지방법원 2020.04.06 2020고단296

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 06:05 on November 22, 2019, the Defendant listened to the Defendant’s name-free phone call with the victim B (48 years of age). On the ground that the victim and the victim talked with the victim on the ground that the victim talked with the victim by changing the phone of the victim who was aware of the victim’s name with the victim, the Defendant was at the time of the victim’s talking with the victim. At around 07:00 on November 22, 2019, the Defendant found the victim in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the victim was at the time of the victim’s speech with the victim. At around 07:00 on November 22, 2019, the Defendant was scambling with the victim’s fat, and knene and knenee with the victim’s face and chest, and scambling with the victim requiring approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. B written statements;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act: Selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order [limited to the reasonable circumstance] is against the Defendant’s confession of the instant crime.

There is a somewhat contingent aspect that the defendant committed the instant crime under the influence of alcohol.

[Unfavorable Circumstances] In light of the circumstances, contents, etc. of the instant crime, the nature of the crime is inferior.

The Defendant has repeatedly committed the instant crime even though he had the same criminal record in several times.

The damage was not recovered.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.