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(영문) 서울동부지방법원 2019.05.27 2019고단945
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 02:00 on August 7, 2018, at the main point of building B in Songpa-gu Seoul and “C” located under the underground, the Defendant: (a) was unable to engage in the usual behavior of the victim D (the age of 51) who was an elementary school, the Defendant was fluenced, and went beyond the floor at the time of drinking when the victim’s face is faced with the victim’s face; and (b) was fluenced by walking the victim’s face and body face at several times, and caused the victim to suffer approximately 42 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] general injury [Type 1] general injury (special injury to a person) - the element of mitigation: In cases where a penalty is not imposed (including serious efforts to recover damage), or considerable damage has been recovered, the element of aggravation: serious injury (the scope of recommendations and recommendations) / the basic area of injury (the scope of recommendations and recommendations) / April through January 16 [the general person] - the element of mitigation - serious self-esteem (the reason of suspension of execution of sentence ] - Major pride (including serious efforts to recover damage): The reason for suspension of execution of sentence - General pride (including serious reasons for suspension of execution of sentence) - The reason for non-existence of punishment (including serious efforts to recover damage): Social bond relationship clearly, contingent crimes, serious reflects, and there is no criminal conviction above the suspension of execution of sentence or more.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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