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(영문) 서울남부지방법원 2019.01.17 2018고단3910
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:45 on July 10, 2018, the Defendant, while driving a C-car in front of Guro-gu Seoul Metropolitan Government on the street, listened to the victim's desire and left the scene on the ground that it was obvious that the victim D (Name and 19 years of age) was faced with the Oratoba, where he was on board, and that he was informed that he was able to face with the victim, but the victim was prevented from leaving the site, but the victim was able to take three times on the face of the victim's face, resulting in injury, such as cutting down the right side and the removal of the alley wall, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements made in the police statement concerning D;

1. A report on the occurrence of violence;

1. 112. List of reported cases;

1. The photograph of each victim (Evidence recorded on five pages, 39, 40 pages), the number plate of a vehicle;

1. Application of Acts and subordinate statutes on the medical certificate and receipt of medical expenses;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of Recommendation] General In cases where the basic area (4 to 16 months), the basic area (including specially mitigated persons), the penalty not (including serious efforts for recovery of damage), or considerable damage has been recovered, or serious injury (1 to 4 types) has been committed;

2. The fact that the degree of injury of the victim caused by the instant crime was serious is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and reflected, the victim paid 7.6 million won for medical expenses, and the victim was not subject to punishment by agreement with the victim, and the victim was not subject to punishment more than ten years before and after the ten-year period, etc. In addition, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc. shall be determined as per the disposition, taking into account all the circumstances of sentencing,

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