(영문) 서울북부지방법원 2019.06.20 2019고단802

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(영문) 서울북부지방법원 2019.06.20 2019고단802

상해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of punishment shall be suspended for two years from the date of final judgment.

Reasons

Punishment of the crime

On November 28, 2018, at around 23:30, the Defendant, “C,” on the front of the B, “C,” the Defendant: (a) paid a time-off on the ground that the victim D (29 years of age) who was an employee of the delivery agency, discontinued his/her employee without drinking or horse; (b) took time-off the victim’s face on which he/she is using a he/shemothic, and went away from his/her shocking plastic due to his/her shock; and (c) continued to turn away from his/her shocking plastic part; and (d) took time-off the victim’s face and body for about 20 minutes due to drinking.

As a result, the Defendant brought up the following lights and alleys for three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to have telephone conversations for witnesses);

1. Three copies of the medical certificate of injury;

1. Application of the photographic Acts and subordinate statutes;

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 (1) of the Criminal Act to order probation and attending lectures;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury is reduced range of category 1 (the range of general injury) (the period between February and October) (the period of special mitigation), the punishment is not granted (including the advanced efforts to recover damage), or considerable damage is recovered;

2. The sentence of sentence is a bad in consideration of the specific content and degree of violence used by the defendant against the victim, the degree of injury inflicted on the victim, etc.

Moreover, even though the Defendant committed a crime of injury, violation of the Punishment of Violences, etc. Act, and was sentenced to criminal punishment several times including imprisonment, it is highly likely that the Defendant will be subject to criticism again.

On the other hand, it seems that the defendant recognized the crime of this case and opposed to it.

In addition, the victim is the defendant by mutual consent with the victim.

참조조문

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