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(영문) 서울남부지방법원 2020.12.09 2020고단2679

상해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and has no way to do with the victim B, the victim C (the male, the 22 years old).

On November 26, 2019, at around 23:20, the Defendant inflicted an injury on the victim C, who was a day in the front of Gangseo-gu Seoul Metropolitan Government, by drinking at a time, on the ground that he was faced with B and shoulder at the front of Gangseo-gu, Seoul, by drinking at one time, and by drinking the face of the victim C, who was a day in the front of the B, and by drinking about about 14 days, the Defendant inflicted an injury on the victim, such as the “inward seat,” which requires a medical treatment for about 90 days, and the “influence of the baby whose standing is unknown,” which requires a medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant committed a second offense during the suspended sentence period, such as assault.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The agreement was reached with the victim.

In the above circumstances, the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime was committed, and other circumstances that form the conditions for sentencing specified in the arguments and records of this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, shall be determined as ordered

Public Prosecution Rejection Parts

1. The Defendant is between the victim B ( South, 20 years of age) and the Defendant, who does not have any way to face with one another.

On November 26, 2019, at around 23:20 on November 26, 2019, the Defendant assaulted the above victim B at one time by drinking, on the ground that the victim B was faced with shoulder at the front door of Gangseo-gu Seoul Metropolitan Government.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Non-prosecution of punishment: A victim's expression of intention not to punish him after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;