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(영문) 서울남부지방법원 2021.01.22 2020고단5488

상해

Text

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

Reasons

Punishment of the crime

On August 9, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for assault, etc. at Seoul Southern District Court on April 2, 2018 and completed the execution of the sentence.

around 08:30 on August 19, 2020, the Defendant suffered an injury on the number of days of treatment for the victim's left side of 32 U.S. as 32 U.S. left side of 32 U.S. to escape from the victim's side of 60 years of age when he/she had a dispute with the victim C ( South, South, and 60 years of age) being accommodated in the above B room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D or E;

1. A written statement concerning F and G;

1. Investigation reports (Submission of photographs of evidence), investigation reports (Submission of copies of medical records);

1. Previous convictions: A person who was sentenced to 8 months of imprisonment and a fine of 3 million won on April 10, 2020 by the Seoul Southern District Court on April 18, 2020 after having been sentenced to 8 months of imprisonment with prison labor and a fine of 3 million won on April 18, 2020 (the final judgment No. 1), and on July 17, 2020, the Seoul Southern District Court sentenced 6 months of imprisonment with prison labor and a violation of the Railroad Safety Act at the Seoul Southern District Court on November 4, 2020 (the final judgment No. 2). Although the instant crime was committed before the final judgment No. 2 became final and conclusive, the instant crime constitutes a crime committed before the final judgment No. 2 became final and conclusive, and thus, the instant judgment constitutes a violation of the Railroad Safety Act from the beginning, etc.

Therefore, in cases where a judgment is rendered at the same time under Article 39(1) of the Criminal Act, the sentence may not be imposed, or the sentence may not be mitigated or exempted (see Supreme Court Decision 2009Do9948, Oct. 27, 201, etc.). 1. Article 257(1) of the Criminal Act relating to the relevant criminal facts and Article 257(1) of the choice of punishment (elective of imprisonment)

1. Aggravation of repeated crimes;