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(영문) 서울중앙지방법원 2020.01.08 2019고단4312
상해
Text

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

However, 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 June 3, 2019, at around 05:50 on June 3, 2019, the Defendant inflicted an injury on the victim, such as the left-hand 9, 10, 11, 12, and 12, on the left-hand gate in Seoul Special Metropolitan City, on the ground that the victim D (the age of 45) shot music in a mobile phone and singing down a singing, and then sing down the face and clothes of the victim by drinking, and then sing back the victim by drinking the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

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 of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the general injury [the person in special form] general injury [the person in special form] - the elements of mitigation: Where a penalty is not imposed (including a serious effort to recover damage), or considerable damage has been recovered (the scope of the recommended area and the recommended sentence], the scope of mitigation area, imprisonment from 2 to 10 months [the general person in general form] - The factors of mitigation: The serious violation of sentence [the reasons for suspension of execution] - Major pride (including serious efforts to recover damage): The major reason for suspension of execution of sentence (including the reasons for suspension of execution of sentence for recovery of damage) - The same criminal record (including a suspended sentence of imprisonment of not more than five years, or a fine of not less than three times).

3. Although the decision of sentence does not want to be punished against the defendant by agreement with the victim, the defendant has a criminal record of a fine due to a large number of violence and a criminal record of a special injury, the degree of injury suffered by the victim is not less than that of the victim, and all the sentencing factors of this case, including the defendant's age, character and conduct, environment, and circumstances before and after the crime, shall be determined as above by taking

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