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(영문) 서울남부지방법원 2019.09.19 2019고단2950
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 26, 2019, around 21:25, the Defendant inflicted injury on the victim’s face from the front side of the C convenience point located in Yeongdeungpo-gu Seoul Metropolitan Government, one time to the right side of the victim on the ground that the victim D said the victim’s face from the front side of the C convenience point in Yeongdeungpo-gu, Seoul, to the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report (the currency of the shootingr);

1. Application of statutes on photographs of damage;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: General injury [Type 1] There is no general injury [specific person] [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], April through June of imprisonment; and

2. The sentence may be imposed by force including the same sentence before and after ten years have not passed since the completion of the execution of the sentence. However, the defendant's wrong recognition and reflective attitude, and there are no previous convictions other than the previous one during the last five years, and the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., including the degree of violence and injury inflicted on the victim, and all the kinds of sentencing conditions in the trial and records including the defendant's age, character and conduct, circumstances before and after the crime.

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