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(영문) 서울북부지방법원 2019.08.23 2019고합186
중상해
Text

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

Reasons

Punishment of the crime

On February 7, 2019, at around 04:09, the Defendant: (a) 4, including the victim B(the age of 49), etc. first, performed drinking in front of the exit 393, a private family house located in Jung-gu Seoul, Jung-gu, Seoul, 2019; (b) and (c) performed drinking together with the four persons, such as the victim B(the age of 49) who first met the son's left hand and the son's son's son's son's son's son's son's son's son's son's son's son's

Accordingly, the defendant caused the victim to suffer from an incurable or incurable or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 12 reported case handling lists and photographs of the scene;

1. Each investigation report (Analysis after inspection of CCTVs at the scene of occurrence, damage damaged by a victim, request for opinion of the head of the household), leakage photographs, photographs, and opinions on CCTV images;

1. Application of Acts and subordinate statutes of a medical certificate, written opinion, and written confirmation of operation;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for six months to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [type 2] and serious injury (specially scriptive person] mitigated elements: Where victims are fully responsible for the occurrence of crimes or the expansion of damage even if they are committed, [the scope of recommendation area and recommendation area] mitigated area, six months to one year and six months;

3. The crime of this case committed by the defendant at the end of the vision with the victim, asking the victim's fingers strongly, and cutting the victim's fingers, in light of the method of the crime, the degree of damage, etc., is serious;

The Defendant committed the instant crime in spite of five criminal convictions due to the same violence crimes.

The victim suffered an injury to the extent that the victim should undergo surgery and hospitalized treatment for a considerable period due to the instant crime, but the defendant recovered from the damage to the victim.

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