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(영문) 서울남부지방법원 2019.07.12 2019고단1798

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At around 00:00 on March 31, 2019, the injured Defendant: (a) brought the victim’s head and chest in the front of Guro-gu Seoul Metropolitan Government, on the ground that the victim C was a hedging; (b) brought the victim’s face and chest on six occasions due to drinking; (c) took the victim’s body by two descendants; (d) took the victim’s head and chest on two occasions due to knee; and (e) took about two occasions due to knee, knee kne kne kne kne kne ke kne kne kne kbbbbbs; (c) kn the victim’s head kne kbbs, kne kbsk, and kn the victim’s head kbs; and (d) inflicted injury on both sides and the victim’s head knb

2. A special intimidation: (a) around 00:06 on March 31, 2019, the Defendant: (b) threatened the victim C with an injury, as described in paragraph (1); and (c) threatened the victim’s head, as stated in paragraph (1). However, the victim refused to do so, stating that “the victim would have to die here, she would be dead, dead, and 10 years old.” (a) one gate, which is a dangerous object at the same time, was threatened by the victim, to the head, as the victim would put the victim into force.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Each police statement of C;

1. A photograph by cutting a CCTV image;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 257 (1) (the point of injury and the choice of imprisonment), 284 and 283 (1) (the point of special violence and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;

(b) Class 2 (Special Intimidation) (Determination of Punishment).