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(영문) 서울북부지방법원 2019.09.19 2019고단101
상해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On June 25, 2018, at around 03:40, the Defendant: (a) 03:40 on the front of the “C” road located in Nowon-gu in Seoul Special Metropolitan City; (b) at the nearby convenience store, the Defendant took a dispute with the victim D (25 years of age); (c) and (d) as he was unable to do so, the Defendant expressed the desire of the victim, i.e., “h., h., h., h. h. h. h. h. h. h. h. h. h. h. h. h. h.; and (d) h.h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. k

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on the occurrence of violence;

1. D's upper photograph;

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

1. The method of committing an offense, such as flabing a victim’s eye on the floor, flabing the victim’s eye, flabing the victim’s face, and flabing the victim’s eye on the top of the floor, even though the victim’s vision on the grounds of sentencing under Article 257(1) of the Criminal Act and Article 257(1) of the choice of criminal punishment has ended, is bad.

It seems that there is a certain degree of violent tendency to the defendant through the contents of the crime and the criminal power between them, and the defendant does not seriously reflect the crime by, in this court, the fact that the victim first launched and fights each other.

However, the Defendant was sentenced to six months of imprisonment for the crime of injury on January 10, 2019 and is currently pending in the court of final appeal (Supreme Court Decision 2019Do12358). Considering the circumstances where the instant crime was committed around the time of the crime, the Defendant’s age, character and conduct and environment, motive and background of the crime, circumstances after the crime, etc., the Defendant’s age, character and conduct, and environment, as well as circumstances after the crime.

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