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(영문) 서울서부지방법원 2019.07.18 2019고단1805
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

Criminal facts

On May 23, 2019, at around 10:45, the Defendant: (a) heard the desire from the victim B (the age of 48) to the “new elb Park” located in Yongsan-gu, Yongsan-gu, Seoul, 57-15 (Dong automatic), and (b) opened the victim’s face one time to drinking the victim’s face; (c) added the victim’s face one time to drinking the victim’s face one time; (d) followed the victim’s head by taking care of about four weeks, thereby causing injury to the victim, such as blood transfusion, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (verification on the face of a crime) and medical certificate;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 257 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria (determination of types) in general for violent crimes: One type (general injury) (special injury to a person in special form) (special injury to a person in special form) increased - serious and mitigated factors - non-guilty factors (the scope of recommendations and recommendations) basic areas of punishment (the scope of recommendations and recommendations) and April to June of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for not more than eight months, suspension of execution for not less than two years (unfavorable circumstances), majority of the records of violent crimes (fluence circumstances), non-compliance with punishment, contingent crimes, his/her mistake, and there is no penalty force exceeding fines for the last twenty years;

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