(영문) 서울남부지방법원 2019.05.15 2019고단231

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(영문) 서울남부지방법원 2019.05.15 2019고단231

상해등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On December 9, 2018, the Defendant was under the influence of alcohol on December 21:05, 2018, when she walked in front of Yangcheon-gu Seoul Metropolitan Government B, leaving the victim C (n, 18 years of age) coming from the opposite part, without any justifiable reason, and she walked on the right side of the victim, and the victim walked to the right side of the victim, and she walked to the right side of the victim's face, 10 times at the right side of the victim's face, she went to the right side of the victim's face, and she walked to the right side of the victim's face to the right side of the victim's face to the right side of the victim, and she took the right side of the victim's face to the right side of the victim's face to the right side, and she walk back to the right side of the victim.

Accordingly, the Defendant suffered injury to the victim for approximately 18 weeks, resulting in approximately 3 weeks of treatment of the victim.

2. The Defendant causing property damage, at the time and place set forth in paragraph (1), destroyed the amount of KRW 400,000 in repairing cost by leaving the cellular phone owned by the victim, which was cited by the victim in his/her her lucent hand, to scam the floor at the time and place.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (JDD / Confirmation of CCTV images for committing a crime committed by a suspect / Submission of victim's medical records);

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) the offence of injury (the first offence) (the scope of recommendations).

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