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(영문) 서울서부지방법원 2019.10.02 2019고단2805
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

Victim B (58 years old) is a taxi engineer, and the defendant is a passenger who gets on the taxi.

1. On June 15, 2019, around 01:30 on June 15, 2019, the injured Defendant was demanded by the victim to leave the vehicle on the side of the Eunpyeong-gu Seoul Metropolitan Government C Apartment Ddong, on the ground that he could not properly speak the destination from the victim. In addition, the Defendant was able to take the victim from the back seat of the taxi station, from the back seat of the taxi station, due to drinking and growth, and thereafter, the Defendant was able to take care of the victim due to drinking and growth of the son who was driven by the victim, and led the victim to a number of times, the Defendant was in need of approximately two weeks of medical treatment.

2. The Defendant damaged property by setting the gallon City of 80,000,000 won at the time and at the place specified in paragraph 1, the market price of which the victim had set on the taxi juds, was 80,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. A report on internal investigation (Attachment to a medical certificate for injury);

1. Application of the Acts and subordinate statutes to report an investigation;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

C. Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year (the maximum of crimes No. 2) 3.

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