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(영문) 서울중앙지방법원 2018.05.17 2018고단550
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the resident of Gangnam-gu Seoul apartment in Seoul, and the victim D (V, 58) is a person who delivers newspapers.

On October 10, 2017, the Defendant: (a) around 05:30 of the above apartment complex 205, the Defendant spited the victim’s body on two occasions on the face of the victim of the Aar himself while he was dissatisfied with the elevator using the elevator for a long time in the course of delivering the elevator to the Defendant; (b) on the part of the victim, the Defendant she spited the victim’s body on two occasions; (c) on the part of the victim, the victim shot the Defendant at his own seat and continuously caused the victim to grow, and then, (d) caused the victim to grow up with about five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of diagnosis documents and the original statute to confirm the occurrence of an accident;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, without any particular reason, who committed violence against the victim is not likely to have inflicted an injury.

The degree of injury of the victim was severe and the damage was not repaid.

However, considering the facts charged and the favorable circumstances that have no particular history of punishment so far, the defendant's age, sex, environment, health conditions, motive and result of the crime, etc., the same type of punishment as the order shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, health conditions, motive and result of the crime, and the circumstances after the crime.

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