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(영문) 서울동부지방법원 2021.03.12 2020고단3513
상해
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A around December 20, 2019, around 00:30 on December 20, 2019, the Defendant inflicted an injury on the victim B (38 years of age) who drank together on the front side of the “D” located in Gangdong-gu Seoul Metropolitan Government, and the victim’s face part of drinking, and caused the victim to undergo approximately 56 days of treatment, such as “dumpinging and opening.”

2. Defendant B threatened the victim A (37 taxes) with a trial site at the time and place described in the preceding paragraph, and threatened the victim as if he were satisfed with a satisf, and faced it on the floor, shouldering the bat of the victim, satisfing the bat of the victim’s face, and added the victim’s unsatisfing and face to the victim’s face.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. A investigation report (to attach CCTV image data submitted by a suspect A);

1. Photographs of the upper part of the victim A;

1. Photographs of the deficit and loss suffered by the victim B in the upper part of the victim and the victim;

1. Application of Acts and subordinate statutes of each injury diagnosis letter [Defendant A]

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

1. Article 62 (1) of the Criminal Act / [Defendant B]

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the sentencing criteria for the crimes of Defendant A) of the Provisional Payment Order

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

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury (special sentencing factors]. Where the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage, or where considerable damage has been recovered from the sources of punishment (including efforts to recover damage) or considerable damage: the significant injury (1 and 4 types) [the territory of recommendation and the scope of recommended punishment] mitigated area, 2 months to October 10 [decision of sentence] committed by Defendant B, and the degree of injury suffered by Defendant B.

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