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(영문) 서울중앙지방법원 2019.10.02 2019고단4308
상해
Text

A defendant shall be punished by imprisonment for six 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

On January 9, 2019, at around 23:00, the Defendant, at the Chinese restaurant located in Jongno-gu Seoul Metropolitan Government, drinked with the victim C(35 years of age) and drinking alcohol together, and made the victim take the face of the victim more than a restaurant floor by drinking, and made the victim take the face of the victim more than a restaurant floor. On the other hand, the Defendant inflicted an injury on the victim, such as a bridge, which requires a medical treatment for about 21 days, when the victim took the face of the victim again due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol against D or C;

1. Statement to E by the police;

1. E statements;

1. In the application of the investigation report (field investigation and CCTV image reading), the CCTV image leakage, each injury diagnosis report, each victim's photograph, investigation report, investigation report (Submission of a suspect C injury diagnosis report), the injury diagnosis report (including submission of a suspect C injury diagnosis report), the diagnosis report (including submission of a suspect C and dental injury diagnosis report), the investigation report (related to the submission of a suspect C and dental injury diagnosis report), the injury diagnosis report (H and 3 weeks), the injury diagnosis report (i and 3 weeks), the investigation report (in the case of CCTV image reading), the capture photograph, and the Acts and subordinate statutes related to the investigation report (related to the C injury photograph);

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to seven years;

2. Application of the sentencing criteria;

(a) Determination of types: The General Injury>> (Type 1) of violent crime>

(b) A special penal person: (a) where he/she has been punished (including voluntary efforts to recover damage) or has been recovered from a considerable part of damage;

(c) The field of recommendation and the scope of recommendations: Reduction field, imprisonment for not less than two months but not more than ten months; and

3. The fact that the defendant, who was sentenced to criminal punishment for violent crimes on three occasions, committed the same kind of crime again constitutes an unfavorable sentencing factor.

However, the defendant shall be the defendant.

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