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(영문) 대전지방법원 2020.09.10 2019고단4096
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a foreigner of Uzbekistan nationality.

At around 22:00 on June 5, 2019, the Defendant: (a) received a request from the victim C (the age of 32) who is a foreigner of the Republic of Korea (hereinafter referred to as the “victim”) to “assumed a vehicle to be paid with borrowed money”; (b) went beyond the victim’s face on a one-time basis; and (c) went to the victim’s face on a one-time basis; and (d) brought an injury, such as the mouth of the left-hand mouth, in need of six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act regarding the crime, Article 257(1) of the Criminal Act regarding the selection of punishment, and the crime of this case on the grounds of sentencing of imprisonment with prison labor is highly dangerous in light of the method and form of the crime.

In addition, since the victim was under operation for 43 days of injury due to the crime of this case, such as the cutting of the frame of each side of the mouth, etc., the degree of injury suffered by the victim is excessive.

In light of this point, the illegality of the crime of this case is high.

Nevertheless, the Defendant did not recover most of the damages suffered by the victim, and did not receive a letter from the victim.

Therefore, heavy punishment is needed for the crime of this case.

Therefore, in light of the favorable circumstances such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, circumstances before and after the crime, and sentencing guidelines (basic area: between April and June), the punishment shall be determined like the order, comprehensively taking into account the following factors.

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