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(영문) 서울남부지방법원 2019.10.16 2019고단4396

상해

Text

A defendant shall be punished by imprisonment for one year.

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 July 13, 2019, at around 02:56, the Defendant expressed 02:56, the victim E (hereinafter “C”) and the victim F (33 years of age) who had been living in the street in Guro-gu Seoul Metropolitan Government as he was flicked with D and flicked with D and flicked with D and flicked with D and flicked with D and C, and expressed 3 years of age “Sol, E” to “the victim E”. On the right edge of the victim E, the Defendant flicked the head of the victim E at one time, and kneeed the victim’s face, and kneeeed the victim’s face, and then knicked the victim E with D and flicked the victim’s face.

As a result, the Defendant got the victim E from a non-distribution spawn, which requires approximately two weeks of treatment, and suffered injury to the victim F, such as a spawn and a spawn spawn for about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site CCTV data and CD images;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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) Class 1 crime (influence of types) and violence crime: General injury [Type 1] and general injury (special person for special appearance] mitigated elements: Reduction area of punishment (the recommendation area and recommendation range) mitigated area, imprisonment with prison labor for two months to October;

(b) A reduction element of a general injury [Type 1] general injury (a special person) (a person who has a penalty for a crime) (a person who has a penalty for a crime): A mitigated area of punishment (a person who has a penalty for a crime of a bodily injury) (a person who has a penalty for a crime of a bodily injury) and two months to ten months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and the defendant in a community service order;