(영문) 서울북부지방법원 2019.01.31 2018고단4245

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자간(%)

(영문) 서울북부지방법원 2019.01.31 2018고단4245

상해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on September 13, 2018, the Defendant: (a) was a victim C(64 years of age) who was taking a stop in the Gangnam-gu Seoul Northern Zone B, Gangnam-gu, Seoul; (b) 30,00 won is not received from the victim; and (c) stop the victim’s stop with the victim’s stop with the face taken one time, and (d) stoped the victim’s side with the face taken by the victim at approximately 4 weeks of treatment; and (b) 9 and 10 times of the right side of the victim’s face, which require approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The application of medical certificates and photographs-related Acts and subordinate statutes in which the victim is faced with each other;

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;

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

1. Basic area (from April to January 1) of the types of injury in general within the scope of recommended sentences according to the sentencing criteria (no person shall be subject to special punishment):

2. In light of the degree of violence used by the Defendant by the victim and the degree of injury inflicted on the victim as a result of the determination of sentence, the nature of the crime is not somewhat weak.

Furthermore, even though the defendant committed a crime of violence, such as a violation of the Punishment of Violences, etc. Act, and has been subject to criminal punishment several times, the defendant committed another crime of this case.

On the other hand, it seems that the defendant recognized the crime of this case and opposed to it.

Detailed circumstances, such as the developments leading up to the occurrence of this case, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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