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(영문) 서울중앙지방법원 2019.05.16 2018고단8061
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

Criminal facts

On October 14, 2018, around 06:10 on October 14, 2018, the Defendant: (a) heard the horses that he would have paid money from the victim in front of the “C” restaurant located in Jung-gu Seoul Metropolitan Government, and (b) took a conversation with the victim D (L, 47 years of age), and (c) took the face of the victim and parts of the back-hand part of the victim each time.

As a result, the Defendant brought an unexploited injury to the victim who could not know the treatment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence (Scope of Recommendation), [Type 1] Crimes (General Injury] (Type 1): April-1 year and June (Special Convicts): Reduction of grounds for mitigation (non-existence of Punishment for Victims): February-10 (Decision of Sentence]; the motive for the instant crime; the degree of and degree of damage from the exercised violence; the circumstances in which the Defendant recognized his mistake; the Defendant’s age, character and health conditions; the Defendant’s age, character and health conditions; the criminal records; and the circumstances after the commission of the instant crime, etc., were taken into account; and the Defendant’s suspended sentence was ordered to sentence the same as the order.

It is so decided as per Disposition for the above reasons.

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