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(영문) 제주지방법원 2020.10.23 2020고단1842
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 02:40 on June 26, 2020, the Defendant: (a) took a dispute with the victim D (the age of 24) on the ground of having contacted with the victim’s body from the C Sing shop’s stairs located in Jeju-si B; (b) took a part of the victim’s coaches one time due to Esingama; and (c) took a part of the victim’s clothes due to the victim’s getting out of the knter, the Defendant sustained the victim’s injury to the knter that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry in the D Documents;

1. Investigative report (Attachment of a photograph of damaged part of the police) and recording and video recording of police preparation;

1. Report on internal investigation (on-site ctv verification) and images (including attached documents) of police preparation;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Description of a written diagnosis of injury to D in preparation of doctor E;

1. Application of each of the related visual Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] : Imprisonment with prison labor for one month or seven years [the decision of a sentence] ; violence crime; general injury ; type 1 / general injury (general injury): mitigation element : mental and physical disability (the person in question) - the basic area of the serious half [the scope of recommendation], 4 months to 1 year / 6 months / [the period of suspension of execution] positive general reference ground - social relation clearly, contingent crime, serious reflectness, and negative general reference ground - there is no adverse general reference reason : The defendant has no effort to recover damage [the decision of a sentence] 4 months: The defendant is subject to a disposition of juvenile protection from a public prosecutor belonging to the Jeju District Public Prosecutor's Office on March 27, 2015; and on August 20, 2020.

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