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(영문) 서울서부지방법원 2020.02.12 2018고단3647
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 14, 2018, the Defendant: (a) around 01:25, at the main point of “C” located on the 1st underground floor in Mapo-gu Seoul, Mapo-gu, Seoul; (b) under the influence of alcohol, the victim D (inn, 54 years of age) entered a room where the customer is in the main room; and (c) obstructed it by blocking it; and (d) obstructed the victim’s shoulder with both hands, thereby cutting down the victim’s shoulder into the floor and cutting down the part of the victim’s right keeping.

As a result, the Defendant inflicted injury on the victim, such as the alley of the right-side executive in need of treatment for about 14 weeks.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Legal statement of witness D;

1. Statement to E by the police;

1. Each investigation report (receiving photographs, etc. of the upper part and the audio file verification of 112 reported);

1. Medical certificate (F hospital);

1. Other flag photographs and photographs of the operating department;

1. Application of Acts and subordinate statutes to the heads of G Association of the results of entrustment of appraisal of medical records;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

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, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. The defendant who was sentenced to the sentence shows the appearance of reflecting the confession of the instant crime.

There is no record of criminal punishment for the defendant.

There may be room to view that the circumstance where the victim had weak bones compared to that of the same age female (see the legal statement of witness D) caused serious injury to the victim.

However, it is very important that the defendant intentionally committed a dangerous act of the victim who has been dint of his own, and the degree of injury suffered by the victim is very serious.

The victim complained of physical or mental suffering, and wanting to punish the defendant.

The defendant.

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