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(영문) 서울동부지방법원 2019.07.22 2019고단969
상해
Text

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

Reasons

Punishment of the crime

On March 30, 2018, the Defendant sentenced the Suwon District Court to eight months of imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and completed the execution of the sentence on July 23, 2018.

On March 5, 2019, at around 10:05, the Defendant, in relation to “C” located in Songpa-gu Seoul Metropolitan Government on March 10, 2019, committed an injury to the part of the victim, which requires approximately four weeks of treatment due to the left hand of the victim, on the ground that the victim was disregarded by the victim D(23 years of age) with respect to the Defendant’s boarding of other employees in his workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. CCTV images;

1. A written diagnosis of injury;

1. Previous records: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes on the acceptance status of each individual;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: One month to fourteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] and there is no general injury [the scope of recommendations and recommendations] [the area of recommendation and the scope of recommendations], the basic area of imprisonment with prison labor for April through one year and six months [the general person] - The factors of mitigation - The serious reflectivity - The amount of aggravation - the amount of punishment that is not a repeated offense, the amount of punishment of the same kind of punishment that is not a repeated offense and the amount of punishment that is not a repeated offense (the reasons for suspension of execution)] - Major illegal reasons: The same criminal records - the amount of serious reflectness - the amount of general pride - the period of suspension of execution

3. Determination of sentence: Eight months of imprisonment;

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