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(영문) 서울남부지방법원 2019.07.25 2019고단2257
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 23:20 on April 17, 2019, the Defendant sustained the victim’s D(54 years of age) and drinking, while drinking and returning home with the victim’s D(54 years of age) and alcohol, the Defendant continued to drink the victim’s bath, taken 4-5 times through the victim’s head collection, followed 4-5 times by the Defendant’s head collection, and cut off this part of this part of this part, thereby causing injury to the victim on the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the scene of crime, photographs of damaged parts, CCTV images CDs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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 and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], the element of mitigation of punishment (including the area of recommendation and the scope of recommendation], the area of mitigation of punishment (including a serious effort to recover damage), and February through October;

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

D. Unfavorable circumstances: The fact that there is a history of punishment for the same kind of violence crime, the fact that the behavior of violence is not less than that of the victim: the defendant recognized and reflects the crime of this case, the defendant seems to have committed the crime of this case by drinking and contingently, and the fact that he agreed with the victim.

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