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(영문) 춘천지방법원 영월지원 2020.04.28 2020고단68
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 26, 2019, at around 23:10 on December 26, 2019, the Defendant: (a) expressed a great desire for a female-friendly job victim C (at the age of 18) in front of the Gangseo-gun, on the ground that he was not subject to the Defendant’s telephone; (b) took the victim’s face once in time; (c) taken the victim’s face one time in drinking; (d) taken the victim’s head head debt into the Defendant’s vehicle; (d) taken the victim’s seat into the driver’s seat; (e) taken the victim’s seat one time in front of the driver’s seat; and (e) continued escape from the vehicle; and (e) sustained the victim’s head head debt that needs to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of Acts and subordinate statutes, such as photographs of the victim's face, processing table of 112 reported cases, diagnosis certificate of injury, and investigation report (F relative verification of the issuance of a medical certificate of injury related to the bones of the victim C);

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. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. The Defendant rendered a sentence of sentence: (a) assaulting a female-friendly job victim at his/her own expense on the ground that he/she did not receive a telephone; and (b) inflicted an injury in need of medical treatment for about three weeks.

The nature of crimes is very poor in light of the contents and methods of crimes.

Defendant has been punished for a fine of KRW 700,000 due to an injury in 2018.

However, it appears that the defendant shows the form of reflection by recognizing the crime, and the victim.

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