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(영문) 서울중앙지방법원 2020.06.10 2020고단714

상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 22, 2019, at around 21:45, the Defendant opened the c Bank Head Office located in Jung-gu Seoul Metropolitan Government (hereinafter “C Bank Head Office”), without a clear reason, she was drunkly drunk, and without any clear reason, she opened the c Bank head in his/her hand. The Defendant borrowed the c Bank head from the 29 years old. When the head of the above c Bank was two times in his/her hand, the Defendant inflicted on the above c Bank head on the c Bank’s c Bank head office, and caused the victim’s injury, such as dump and tension, which requires approximately three weeks of medical treatment. In addition, when the victim E (the 29 years old)’s face was drinking, the Defendant inflicted on the c Bank head office, and caused the victim’s injury, such as the chumum, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. A medical certificate of injury and a medical certificate;

1. Application of statutes governing on-site CCTV CDs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Punishment] One month to ten years [Determination of Punishment] each violent crime, general injury, Type 1 [Special Convict], each person not subject to punishment (Special Convict], and each serious half of the offenses committed against unspecified victims [Scope of Recommendation] [Scope of Recommendation] from April to one year and six months, each of the serious half of imprisonment [Scope of Recommendation] from April to June 1, 1] from two years [Scope of Correction of Sentence] from April to March 2, 2] / [Calculation of the maximum scope of imprisonment (one year and six months), one-half of the maximum scope of imprisonment (one year and six months), and one-half of the total amount of imprisonment with prison labor (one-half of nine months period] / [Consideration of imprisonment], the victim’s major grounds for mitigation of punishment; the victim’s specific and unspecified reasons for suspension of execution; and the victim’s affirmative and affirmative reasons for mitigation of execution; and