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(영문) 서울남부지방법원 2020.07.28 2020고단2675
상해
Text

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

Reasons

Punishment of the crime

On November 2, 2019, at around 23:00, the Defendant: (a) borrowed KRW 100,000,000 from the victim D (the age of 53) in front of “C” on the first floor of Geumcheon-gu Seoul Metropolitan Government building B; (b) was urged by the victim to complete the payment of the amount of KRW 30,000,000,000 from the victim D (the age of 53); (c) the victim’s title and shoulder part with his left hand two times; and (d) the victim’s neck and shoulder part were divided into two parts.

The Defendant continued to catch the victim’s balths from the floor to the parking lot adjacent to the head of the above balp, and sponsed the victim’s growth, and sprinked the victim’s growth, and sponsed the victim’s balthm with the victim’s balthm, once by drinking once the victim’s balths, and sustained the victim’s injury, such as “falthing the fald balth falths of the falp balthum.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. According to the pertinent provision of the Criminal Act and Article 257(1) of the Criminal Act for the punishment of punishment for the crime, the following conditions shall be taken into consideration: age, character and conduct, intelligence and environment of the defendant; relationship with the victim; motive, means and consequence of the crime; and the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act, such as circumstances after the crime, shall be determined the same as the order.

On August 18, 2016, the defendant had a record of being punished several times due to the same kind of crime, such as being sentenced to the suspension of the execution of imprisonment with prison labor due to the crime of injury, etc., and the victim's non-discrimination with the reason that he/she would have paid the money borrowed by the victim, and the victim's wished to be severe punishment against the defendant: The victim seems to be responsible to some extent for the occurrence of the result, such as the victim's defense against the defendant, and it is against the order.

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