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(영문) 서울중앙지방법원 2019.08.28 2019고단4088
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

피고인은 홍콩국적의 외국인으로 2019. 6. 17. 05:00경 서울 강남구 B에 있는 C 클럽 지하 2층 여자화장실에서 피해자 D(여, 19세)가 사용하고 있던 화장실 문을 수차례 걷어찼고 이에 피해자가 나와 “언니가 발로 찼냐”라고 물어보았다.

The Defendant laid down the victim’s left side of the victim’s son while booming the victim’s head and booming the victim’s head and assaulting the victim, she laid down the victim’s end ( approximately 4.5 cm in length, approximately 3 cm in width) completely cut off the victim’s ear, thereby causing the victim to go on the victim’s side in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Each investigation report (referring to the submission of a medical certificate, a written opinion, a copy of medical records, and the hearing of opinions by major;

1. Application of statutes on photographs of damage;

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. Any injury (the types of 1 and 4) serious in the aggravated area (six months to six months), in the form of a general injury (the general injury) in the sentencing criteria (the scope of a recommendation sentence).

2. According to the sentence decisions, the sentence is to be imposed in full taking account of all the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The defendant suffered a very serious injury to the victim due to minor reasons; the victim seems to have suffered irrecoverable physical harm and mental suffering; circumstances favorable to the failure to reach an agreement with the victim; recognition of the crime and reflects it; and there is no record of criminal punishment in Korea.

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