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(영문) 서울북부지방법원 2019.01.17 2018고단4320
상해
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of punishment shall be suspended for two years from the date of final judgment.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant reported that the victim E (55 years of age) and D-related persons were dancing in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on July 17:15, 2018, the Defendant sent the victim’s face face to drinking, cut off the victim’s face and body part to drinking, or cut off the victim with walking, requiring approximately 28 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Reporting case handling table; and

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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 (1) of the Criminal Act to order probation and attending lectures;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury is reduced range of category 1 (the range of general injury) (the period between February and October) (the period of special mitigation), the punishment is not granted (including the advanced efforts to recover damage), or considerable damage is recovered;

2. In light of the degree of violence inflicted by the Defendant on the victim and the degree of injury inflicted on the victim as a result of the determination of sentence, the nature of the crime is not somewhat weak.

In addition, the defendant has been subject to criminal punishment several times including imprisonment with prison labor, because he/she committed a crime of assault, violation of the Punishment of Violences, etc. Act, and assault crime.

On the other hand, it appears that the defendant recognized the crime of this case and expressed his intention that the victim does not want the punishment of the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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