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(영문) 서울동부지방법원 2021.03.19 2020고단3678
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2020, the injured Defendant: (a) around 12:0, and around 12:0, and around 40, at the residence of the injured party D (Woo, 40 years old) located in Seongdong-gu Seoul apartment building B apartment complex C, the Defendant divided the first person of the above house several times to find friendship; (b) but the injured party opened the victim's face late, and (c) caused injury to the victim, such as catum salt, tension, etc., which requires approximately two weeks of treatment, by drinking, by breaking the victim's head debt.

2. Special intimidation: (a) the Defendant, while fighting with the victim D at the time, at a place specified in the foregoing paragraph 1; (b) was fighting with the victim D; and (c) was committed with the victim’s body; and (d) the Defendant took the transition (19cc in total length, approximately 19cc in length, about 9cc in length) and the face ( approximately 24cc in total length, about 16cc in length in length in total) on both hand, and took the attitude that would inflict bodily harm on the victim’s life.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs (A, D);

1. Application of Acts and subordinate statutes (D);

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) regarding the crime, and Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment with prison labor) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Infliction of Determination) [Type 1] There is no general injury [Type 1] and there is no person who is subject to special sentencing] (the territory of recommendation and the scope of punishment], the basic field of crime (the scope of recommendation and recommendation], April through January 1.

(b) Second Crimes (special intimidation) (any type of violent crimes).

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