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(영문) 서울북부지방법원 2019.06.13 2018고단4814
상해
Text

A defendant shall be punished by imprisonment for four months.

Provided, That 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 August 15, 2018, at around 18:30 on August 15, 2018, the Defendant, at the “D” restaurant operated by the former wife in Dobong-gu Seoul Metropolitan Government (hereinafter referred to as 53 years of age), took a bath that it is unable to put in the dispute with the victim while entering the dispute with the victim, sealed the victim’s neck with a stroke wall, sealed the victim’s stroke, 7:8 times at hand, and 2 times at each part of the victim’s cell phone with each cell phone.

As a result, the defendant put the victim a shoulder and sprinke of the arms in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to each investigation report, each medical examination and treatment record, each emergency medical record, each recording book, each record of internal investigation, 112 report, records of handling a case, photographs of suspects C, diagnosis records, and text records;

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

1. The grounds for sentencing under Article 62(1)(b) of the Criminal Act for suspended sentence are that the victim does not want the punishment of the defendant, that there is no record of punishment for the same kind of crime against the defendant, and that there is no sufficient evidence to regard that the circumstances favorable to the defendant, the nature of the crime of this case, and that the degree of injury inflicted on the victim cannot be deemed to be light, taking into account the circumstances unfavorable to the defendant, and other factors of sentencing such as the defendant's age, family environment, motive and circumstance of the crime of this case, and the conditions before and after the crime,

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