(영문) 서울동부지방법원 2019.10.18 2019고단2523

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(영문) 서울동부지방법원 2019.10.18 2019고단2523

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on March 31, 2019, the Defendant heard the horses to the effect that it is to be calculated in the order of the victim D(31 years of age) in front of the C convenience store located in Songpa-gu Seoul, Songpa-gu, Seoul, and met the face of the victim due to drinking, and caused the injury to the victim, following the need for approximately 8 weeks of treatment for the victim by walking the victim's bucks and sprinks and sprinks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The report on internal investigation (No. 3 times);

1. A medical certificate;

1. Application of Acts and subordinate statutes by capturing CCTV images or CCTV images;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has been sentenced to punishment): Reduction element: In cases of severe injury (including serious effort for recovery of damage) or damage recovery from a considerable part: In cases of severe injury (the area of recommendation and the scope of recommendation), basic area (the area of recommendation and the scope of recommendation], April through June of imprisonment with labor;

2. Determination of sentence shall be made as ordered by comprehensively taking into account the following factors: (a) the Defendant’s decision of sentence reflects his mistake; (b) the Defendant has agreed with the victim; (c) the Defendant has no record of punishment for the last twenty years; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission; (c) the circumstances after the commission of the commission of the commission of the commission

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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