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(영문) 서울남부지방법원 2019.01.14 2018고단833
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2017, the Defendant: (a) around 14:30 on October 2, 2017, on the ground that the victim C (the age of 64) was fluored and bad in front of the Gangseo-gu Seoul Metropolitan Government Btel, the Defendant saw the victim’s development as a bridge and tightly damaged the victim’s shoulder by hand; and (b) took three times back the victim’s head going beyond the floor, the Defendant sustained the victim’s injury, such as “other fluorless blood transfusion,” “the other fluored fluor,” “the other fluored fluorless fluor and the other fluored fluorial fluor, without any open address in the head.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to certificates of medical records;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Victims who are vulnerable to the application of the sentencing criteria (Scope of recommendations) general injury to category 1 (General Injury): Basic area (Special Mitigation (Special Mitigation) (4 to 1 year and 6 months) (Special Mitigation) / Victims who are vulnerable to the crimes;

2. The sentence shall be determined as ordered in consideration of the circumstances under which the sentencing conditions under Article 51 of the Criminal Act, which are the conditions of sentencing, as shown in the records of the instant case and the trial at the trial.

Unfavorable circumstances: The nature of the crime is inferior by continuously exercising violence against the victim who is in a state of non-fluoring, beyond the floor, and it is also dangerous to commit the crime with the brupt of head that may result in serious bodily harm.

It is not possible to recover damage or find a trace of efforts to do so.

In the last five years, there are three times of violence.

The degree of injury of the victim seems not to be serious.

The victim shall not be punished for the defendant.

There is no previous offense subject to a fine exceeding a fine.

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