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(영문) 서울남부지방법원 2018.11.08 2018고단4747
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

At around 12:05 on July 18, 2018, the Defendant, at the K room on the 11st floor above the 11st floor of the Seoul Southern-ro, Seoul Southern-ro, Guro-gu, Guro-gu, Seoul, left a toilet, inflicted an injury on the victim L (49 years old) when the Defendant throw away food waste in the toilet machine, and caused a defect to see and see the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L, M, or N;

1. A working report;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a copy of a medical record);

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Minor injury (1, 4 types) in the mitigation area (two months to ten months) (special mitigation person) of the mitigation area, in the application of the sentencing criteria [the scope of the recommended punishment] general injury;

2. The Defendant, who was sentenced to suspended sentence due to other crimes, is under the criminal trial for other crimes committed by himself, and without being aware of the status of confinement in a detention house, committed the instant crime against other prisoners.

In addition, there is no compensation or agreement with the victim.

In this respect, it seems that the sentence on the defendant is inevitable.

However, considering the fact that the defendant's mistake and reflective attitude, the degree of the victim's injury is relatively minor, etc. in favor of the defendant, and the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are determined as above in light of various circumstances.

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