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(영문) 서울북부지방법원 2020.03.19 2019고단5348
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 25, 2019, at around 16:00, the Defendant expressed a bath to the victim B (the age of 67) who passed there, without any justifiable reason, at the square of the Myeon area in Jung-gu Seoul, Seoul, 407, and then pushed the face of the victim one time with her head's hand.

As a result, the Defendant inflicted injury on the victim, such as cutting a peltos that need to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A photograph of damaged part of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Probation Criminal Act (the order to be put on probation in order to prevent recidivism by the accused and to give the accused an opportunity to reflect on the criminal defendant), is that the crime of this case was committed by the accused without any reason, and the nature of the crime is not good, that the degree of injury suffered by the victim is not easy, and that the defendant can be punished several times due to the same criminal act.

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

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the defendant's age, character and conduct, occupation and environment, and the background of the crime

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