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(영문) 서울서부지방법원 2020.05.15 2019고단4560
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 December 1, 2019, at around 09:30 on December 1, 2019, the Defendant laid the victim C (the age of 65) who, without any justifiable reason, fright to the general secretary of the Gowon and fright to fright to f5 years of age), fright to fright to fright the victim’s left hand, and fright to fright the part of the victim’s left part, 2 times the left part, 2 times the left part of the part, 2 times the left part of the part of the back part, 3 times the left part of the part of the part of the part of the victim’s left part, and fright to fright the victim who fright to fright to fright the outside of the entrance.

As a result, the Defendant inflicted an injury on the victim, such as an injury on the sexual scarcity that requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with C, copy of medical record, diagnosis certificate, certificate of entrance and discharge, and calculation of medical expenses;

1. Investigation report (verification of the surface of the crime and attachment of video images), CCTV photographs for the crime;

1. Investigation report (or oral statement, etc. of witnesses), victim image photograph;

1. Application of Acts and subordinate statutes to the results of reproduction of CCTV screen CDs, if any, committed;

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 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (specially increased person], mitigated element of punishment: serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], and April through January 16.

3. According to the rulings of sentence, the sentencing conditions specified in the instant trial process, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

Unfavorable circumstances: The victim has been punished for violent crimes, and the victim has exercised violence without any reason.

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