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(영문) 서울남부지방법원 2020.06.03 2020고단1026
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

At around 16:00 on December 4, 2019, the Defendant: (a) sold the eye of the victim C (mae, 33 years of age) and the Si expenses on the outside of the land of Yeongdeungpo-gu Seoul Metropolitan Government Construction Site; (b) sold the snow of the victim on several occasions, and knee, knee, snow, etc.

As a result, the Defendant inflicted injury on the victim, such as inside the right side, felging, and flag damage, which requires treatment for about 56 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury [Special Aggravation] - The aggravated factors: serious injury (type 1): [Scope of recommendations and recommendations] increased area; imprisonment with prison labor for six months to two years [Grounds for Suspension of Execution] - There are no important grounds for suspension of execution - There are no important grounds for suspension of execution - there - there are no efforts for recovery of damage - there are no general grounds for suspension of execution or more criminal records for suspension of execution or more of execution.

3. The circumstances favorable to the defendant include the fact that the defendant is against the sentence, and that there is no record of criminal punishment in addition to the punishment imposed once due to the crime of injury.

However, the crime of this case committed an act of assaulting the victim's physical essential parts, such as the snow part of the victim's body, in a non-discriminatory manner, and causing bodily injury to the victim, such as the right side, the mouth and fright damage requiring treatment for about 56 days between 56 days, and the floor, the bones, bones, etc. of the right side requiring treatment for about 42 days. It is not very good in light of the background, method and content of the crime, and degree of damage.

Even after the surgery, the Defendant suffered significant bodily injury, and was satisfying within the range of the night.

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