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(영문) 서울동부지방법원 2020.01.31 2019고단3805
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 31, 2019, at around 23:01, the Defendant inflicted an injury on the victim D (year 44) who sits in the 'Crogate' underground floor of Gangdong-gu Seoul Metropolitan Government building B, with the face of the victim two times as a drinking by the victim without a clear reason, including approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss and side photographs of the victim at the time of hospitalization of the victim D hospital;

1. A criminal investigation report (CCTV verification), a criminal investigation report (Submission of a victim's diagnosis report and medical records, etc.), and a criminal investigation report (to listen to the victim's Email statement);

1. CCTV closure photographs and CCTV images;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), the group of violent crimes, the general injury, and the first type (general injury): The factors of mitigation of serious injury: The basic area of mitigation of punishment [the scope of recommending punishment]: Imprisonment with prison labor for not less than four months nor more than one year and six months;

2. Determination of sentence [Incompetence] The Defendant, without any justifiable reason, committed an injury, such as corrosioning the victim’s face by drinking the victim’s face without any reason, and in light of the content of the crime and the degree of injury inflicted on the victim, etc., the liability for the crime is not easy.

Although the defendant had a record of criminal punishment due to violent crime, he repeated the crime.

【Limulated circumstances】 The crime of this case is against the law.

After the closing of the argument in this case, the victim does not want to be punished against the defendant by a mutual agreement with the victim.

In the meantime, there was no record of criminal punishment exceeding fine.

The age, character and conduct, motive and background of the crime, the means and result of the crime;

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