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(영문) 서울중앙지방법원 2020.06.10 2020고단2701
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 06:00 on April 18, 2020, the Defendant was divingd in the sofashion of the ward in Seoul, Gangnam-gu Seoul building C, and at the time, the victim D (n, 26 years of age) who was living together with the Defendant at the time was her horsed the Defendant, was able to take the face of the victim at several times due to the appearance of the victim, and walking the face of the victim at several times due to walking the face of the victim, one son next to the right side of the victim, and one son was broken down by the left side for a long time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

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;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. The criminal facts of this case committed by the defendant who was sentenced to sentence are not good in light of the circumstances, contents, degree of damage, etc.

However, the Defendant committed the instant crime against his mistake while consenting to the instant crime, and agreed with the victim.

The punishment as ordered shall be determined by taking into account the above circumstances and the Defendant’s age, character, conduct and environment, the background and consequence of the crime, and the circumstances after the crime committed, as well as the various circumstances that form the conditions for sentencing specified in the instant records and pleadings

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