(영문) 서울남부지방법원 2019.10.16 2019고단3040

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.10.16 2019고단3040

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 April 4, 2019, the Defendant used a toilet located in a corridor in Yeongdeungpo-gu Seoul Metropolitan Government B and 2 on the floor. On the ground that the victim C (the age of 30) promoted the toilet as soon as possible outside the toilet door, the Defendant, at the front corridor of the above toilet, was in dispute with the victim on the ground that the victim C (the age of 30) brought about it promptly outside the toilet door. On his/her own hand, he/she sawd the victim into a breath’s breath, and took the victim’s face over the floor, etc., and led the victim to strong price of the victim’s face by drinking and spathing the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A medical certificate of injury (No. 7 No. 5 of evidence list);

1. Violence, photographs, etc.;

1. Video CDs;

1. Application of the Acts and subordinate statutes to the investigation report (including the details, etc. of statements made by the persons concerned), the investigation report (investigation into the persons concerned), and the investigation report C;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc.: The degree of injury suffered by the victim is not less and more severe, the circumstances favorable to the fact that there are several times of criminal punishment for violent crimes: deposit of KRW 2 million for the victim; there is no record of criminal punishment exceeding the fine; support for the defendant is to be provided. As above, the defendant shall be determined as the order by taking into account the following factors: the defendant's unexpected circumstances and age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the sentencing conditions indicated in the arguments and records of this case.

참조조문

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