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(영문) 서울동부지방법원 2019.07.12 2019고단849
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as an employee of Seongdong-gu Seoul Metropolitan Government “D” point, was closed at around 22:05 on March 4, 2019 and cleaning the door at the said store, the Defendant: (a) the victim B (n), who found the said store, was f1 years of age, was her own sound as D’s start-up owner; (b) was scambling the entrance of the said store by scambling the door of the said store in hand; (c) had the victim go beyond the floor by pushing the victim by hand; (d) had the victim go beyond the upper floor of the said shop; and (e) had the victim again going beyond the upper floor of the said shop, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. Each investigation report (No. 9, 11, 12, 16).

1. A statement of opinion, statement of medical expenses, and medical certificate;

1. Application of the statutes governing damaged photographs, CCTV image CDs, and CCTV images;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is unclear and it is unreasonable to issue an order for compensation in criminal proceedings);

1. In cases where an intentional injury is committed in the basic area (4 to 16 months) of the basic area (4 to 10 months) (a special-speaked person) of category 1 (a special-speaked person) ordinary injury to the sentencing criteria (Scope of recommendations) / serious injury;

2. The sentence victim suffered a relatively heavy injury, and the fact that the injury was not recovered is disadvantageous to the Defendant.

However, the defendant is against the defendant's recognition of the crime of this case, and the victim commits sound at the defendant's shop, etc.

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