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(영문) 서울서부지방법원 2020.08.26 2020고단1629
상해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 01:40 on March 20, 2020, the Defendant inflicted an injury on the victim’s treatment days by taking care of the victim’s face due to drinking and hair while drinking in Mapo-gu Seoul, the victim C (ma, 37 years of age) and the city, and by taking care of the victim’s face, the Defendant inflicted an injury on the victim’s treatment days by having the victim teared 2 cm.

Summary of Evidence

1. Statement of the police interrogation of the accused concerning his/her legal statement;

1. Statement of the police statement regarding C;

1. Written statements;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are the basic recipients who suffer from depression and public depression and receive livelihood benefits.

On the other hand, however, several violent crimes have been caused so far, and when sentenced to a fine, it has been avoided criminal punishment by mutual consent with the victim.

In addition, the victim was committed the crime of this case, and the victim was submitted a photograph that gets out of the victim.

It is not a minor injury.

Considering the personal circumstances of the accused as much as possible, the choice of imprisonment cannot be avoided.

However, the fact that the victim expresses his/her intention not to be punished against the defendant, and other punishment shall be determined in consideration of the age, character and conduct, health conditions, economic circumstances, social environment, attitude after the crime, etc. of the defendant.

The recommended sentence on the sentencing guidelines for violent crimes is February - 10, which is the reduction area (not subject to punishment) of the category 1 of general injury.

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