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(영문) 서울북부지방법원 2019.01.11 2018고단3483
상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 2, 2018, at around 16:05, the Defendant: (a) 16:05, driven by the victim C, who was driven in front of the Seoul Western-gu Seoul Metropolitan Government, due to a string relationship; (b) was sitting in the top of the DK7 vehicle that was temporarily stopped, and demanded the victim to talk with his own house; (c) was rejected by the victim; (d) the victim was able to take part in the victim’s arms by hand; and (e) moved the victim’s arms from the vehicle to the driver’s seat; and (e) moved the victim’s arms from the vehicle to the driver’s seat, and caused the victim’s injury, such as the string wall, which requires the victim’s treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report internal investigation (Scambling image verification), internal investigation report (a list of 112 reported cases), internal investigation report (Attachment of a medical certificate for injury), internal investigation report (Attachment of a photograph of the injured party), internal investigation report (Scambling video analysis and confirmation of the face of crimes);

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good in that the defendant again commits the instant crime even though he/she had been detained by the victim three months prior to the suspension of indictment, it is not good in that the defendant again commits the instant crime. However, it is not good in view of the fact that the victim does not want the punishment against the defendant, the degree of injury suffered by the victim and the degree of sentencing conditions under Article 51 of the Criminal

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