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(영문) 서울서부지방법원 2021.03.24 2020고단3981
상해
Text

A defendant shall be punished by imprisonment for 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

around 02:30 on November 17, 2020, the Defendant inflicted injury on “C” food located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, on the ground that the victim D (son, 39 years of age) neglected himself before E, on the ground that he did not neglect himself before E, the Defendant she saw the victim’s bomb with her finger hand, and caused the victim’s injury, such as yellow fat, which was flad with the victim’s fat, and that he did not need approximately four weeks of medical treatment due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following circumstances, Defendant’s age, sexual conduct, intelligence and environment, victim’s relationship, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., and determining the same as the disposition of the order.

The favorable circumstances: The recognition of the crime of this case appears to be against the victim, the degree of injury inflicted on the victim is not less severe, and the crime of violation of the Punishment of Violences, etc. Act (joint assault) in 2015 is punishable by a fine of KRW 1 million.

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