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(영문) 서울서부지방법원 2020.09.16 2020고단1542
상해등
Text

A defendant shall be punished by imprisonment for four 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

1. Around 03:00 on April 29, 2020, the Defendant injured the victim’s face going beyond the floor by leaving the victim’s head with his/her hand while having a conflict with the victim’s 3 (the 24 years of age) with the 4th and the 5th floor of Mapo-gu Seoul Mapo-gu Btel, Seoul. On April 29, 2020, the Defendant inflicted an injury on the victim, i.e., getting the victim’s face going beyond the 4 weeks of medical treatment.

2. The Defendant damaged property damage: (a) at the time and place specified in paragraph (1); (b) the victim’s cell phone owned by the victim who fell on the floor was collected out of its windows; (c) the lower part of the lower part of the said cell phone was broken down; and (d) the lower part of the lower part of the said cell phone was golded, thereby damaging the Handphone equivalent to KRW 1,370,000 at the market price owned by the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes to CCTV images and photographs of the Defendant’s written examination of injury written in writing, written statement C;

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act concerning the crime (the point of causing property damage and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with labor for April to June;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation area and recommendation range] basic area, imprisonment for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: April to November 1 (the maximum of crimes No. 2).

2. The decision of sentence [limited to the circumstances] that led to the crime can be taken into account.

. his mistake;

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