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(영문) 서울남부지방법원 2019.07.24 2019고단1915
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except 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 December 11, 2018, the Defendant: (a) around 05:15, around 05:12, around the second floor GET1 of the Korean Office of Kimpo International Airport located in Gangseo-gu Seoul, Gangseo-gu, Seoul, 112, brought a hand on the shoulder of the victim B (the age of 26) and, on the ground that “the victim was fluorily fluord,” but the victim was fluording the rear timber of the victim; (b) got off the bridge, and (c) sustained the victim’s face twice by walking up about 35 days, and sustained the victim, such as a fluoring fluor, if it is necessary to treat the victim for about 35 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning B, C, and D;

1. E statements;

1. Investigation report (CCTV investigation);

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

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the degree of injury caused by the instant crime is not less complicated, but the Defendant’s mistake is recognized and contradictory, and the victim is compensated and agreed to compensate for the damage. Other factors such as the motive and circumstance of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, economic circumstances, etc., are comprehensively considered, and the sentence is determined as ordered.

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