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(영문) 서울북부지방법원 2020.04.23 2019고단5738

상해

Text

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

The defendant and the victim B(the age of 47) have been known from Dongn to Dongn.

On August 7, 2019, around 23:10 on August 23:10, 2019, the Defendant suffered injury, such as cerebral celebs, which had no open 21-day medical care for 21 days, by taking the victim's face into account one time with left hand, on the ground that the victim was able to take a desire for the defendant, while dividing the victim's talk with the victim in front of Nowon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site reports (CCTV perusal and reproduction), cctv images and photographs;

1. Application of Acts and subordinate statutes to an investigation report (receiving a medical certificate of injury) and a medical certificate of injury;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order (the probation is to order the defendant to be put on probation in order to prevent recidivism of the defendant, and to provide the defendant with an opportunity to reflect his serious resistance) is that the defendant has been punished several times due to the same or different crimes, and the crime of this case is committed without being among the persons who have been under probation, the degree of injury suffered by the victim is also considerable, and the possibility of recidivism is expected to be high in light of the defendant's past punishment records or the criminal records of this case, etc.

On the other hand, the fact that the defendant agreed with the victim is favorable.

Each of the above circumstances is sentenced to the same sentence as the disposition in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, occupation and environment.