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(영문) 서울서부지방법원 2019.01.25 2018고단3594
상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 00:10 on August 1, 2018, the Defendant found in the house of the victim C (the age of 45) residing in Seodaemun-gu Seoul Metropolitan Government 1st floor B, and raised a complaint with respect to the issue of ordinary noise noise which has frequently been disputed with the victim, and became the victim and the trial room.

The defendant, while making a dispute again with the victim on the same road in front of the same Gu at the same time, took three times the face of the victim in drinking, and taken several times the face of the victim going beyond the road.

As a result, the defendant suffered a large number of injuries, such as the complete escape of a baby with which the number of days of treatment can not be known, and the euthanasia, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis;

1. Application of each statute on photographs of damage;

1. Grounds for sentencing under Article 257 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Basic area (from April to June) of category 1, which covers general injury within the scope of recommendations;

2. In light of the fact that the Defendant’s decision on the sentence of sentence caused a dispute by breaking the gate in the victim’s house, the degree of injury suffered by the victim cannot be deemed to be minor, and the fact that there are several records of punishment for the same kind of crime disadvantageously, considering the circumstances favorable to the Defendant’s efforts to recover damage and agreed with the victim, taking into account the circumstances that are favorable to the Defendant’s age, character and conduct, environment, etc. recorded in the record.

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