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(영문) 서울북부지방법원 2019.11.29 2019고단940

상해등

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

1. On March 5, 2019, at around 10:00, the Defendant: (a) 10:00, the Defendant took care of a doctor’s 3th floor of the building B, and took a radioactive photograph, and took a radioactive ray, and took a bath at a large interest of “the flap, this fe, this fe, wishes to die, and promptly bring to death”; and (b) the Defendant continued to find out the flap of the victim D, the head of the flap of the above hospital, who was the head of the flap of the flap, found the flab and flab, and obstructed the operation of the victim hospital by force for about 20 minutes, by threateninging the employees of the hospital who took the flab.

2. The injured Defendant: (a) at the time, place, and at the time, at the victim’s entry in paragraph 1, the victim D (the age of 45) prevented the Defendant, as described in paragraph 1; (b) brought the victim’s face part of the victim’s face several times; (c) brought the victim’s neck on the victim’s hand; and (d) strokeed the victim into a stroke for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing internal investigation reports (cognizable videos taken by cell phones), criminal motion images CDs;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of obstruction of business) and the choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody Act, etc. is to recognize the crime of this case, and the attitude to reflect is favorable.

However, the fact that the damage has not been recovered, there has been a history of punishment several times for the same crime, and the risk of recidivism is high due to violent tendency at the time of drinking, etc.

The defendant's age, character and conduct in each of the above circumstances.