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(영문) 서울동부지방법원 2019.06.21 2019고단289
상해
Text

A defendant shall be punished by imprisonment for six 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 January 11, 2019, at around 16:25, the Defendant: (a) pushed the victim’s shoulder part of the shoulder part of the victim, which was pushed down to the floor, on the ground that the victim D (74 years of age) does not turn down and cut down at the second floor of the C Library located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

As a result, the Defendant abused the victim and caused the victim to suffer injury, such as chest pressure pressure for about 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Written statements prepared in D;

1. Investigation report (Attachment of CCTV images inside a library) and investigation report (victimD telephone communications);

1. The injury diagnosis statement [The CCTV image (Evidence No. 3) in which the situation at the time was taken is recognized to have been sealed by the Defendant by one hand, and the Defendant is fully recognized to have committed an intentional act of assault against the Defendant at the time when the Defendant pushed down the shoulder part of the victim. Furthermore, in full view of the contents of the victim's injury diagnosis statement consistent with the part and degree of the victim's injury, it is sufficiently recognized that the Defendant suffered an injury, such as the pressure pressure pressure of the victim, etc., due to the above assault act of the Defendant.] The application of the law is also recognized.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Extent of recommendation according to the sentencing guidelines (decision of types of punishment), group of violent crimes, crime of violence, type 2 (Bodily Injury resulting from Violence): No such factors as increase and mitigation (general person): No such factors as mitigation of mitigation (no such factors as mitigation of mitigation of punishment): A basic area in which there is no record of criminal punishment [the scope of recommending punishment]: 4 months to 2 years of imprisonment;

2. That the degree of injury suffered by the victim determined to be sentenced is not easy, and that the victim did not receive an application from the victim until now is disadvantageous.

except that this case is a case.

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