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(영문) 서울북부지방법원 2020.05.08 2019고단5166
상해등
Text

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

On November 9, 2019, the Defendant: (a) around 21:16, 2019, the Defendant inflicted an injury on the victim by walking twice in the face of the victim without any justifiable reason while drinking alcohol with the victim D (n, 44 years of age) in front of the “C” convenience store located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, thereby allowing the victim to walk twice with the face of the victim; and (b) having the victim wear the bones on the left eye.

around 23:00 on November 18, 2019, the Defendant assaulted the victim by means of cutting off ballon material, which is a dangerous object at the scene, on the ground that the victim took falth of the victim D (n, 44 years of age) and drinking at the residence located in the building E-building in Gangnam-gu Seoul, Gangnam-gu, Seoul, and on the ground that the victim took part in falth, while drinking falth, the victim took part in falth of ballon material.

Summary of Evidence

"2019 Highest 5166"

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (a photo of the victim's inner part of the damaged part at the time the written statement of statement is prepared);

1. Investigation report (to screen CCTV images of convenience C points at the site of the incident) 2019 group 5700 group;

1. Partial statement of the defendant;

1. Part of the police statement concerning D;

1. A criminal investigation report (a photograph photographic of police officers dispatched to the scene) and a criminal investigation report (to hear statements of victims);

1. Application of Acts and subordinate statutes to report internal investigation (the situation after voluntary movement of related persons);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 257 (1), 261, and 260 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6], repeated crime, special Violence (Special Aggravationd Person] mitigated element: Where the degree of assault is insignificant (Special Aggravation 1, 6, and 7), the recommended sphere of non-compliance with punishment and recommendation.

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