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(영문) 의정부지방법원 2017.07.17 2017고단2391

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (46) and his relative.

On April 13, 2017, the Defendant: (a) while drinking alcohol together with the victim within the “D” drinking house located in Gyeonggi-si, Gyeonggi-do; (b) was fluened by the victim, and was fluencing the victim’s head with his/her left hand by cutting the victim’s head on one occasion with his/her left hand; and (c) was fluencing the victim’s head on one occasion by cutting the victim’s head over the floor; and (d) caused the victim’s head to flucing the victim’s head to flucing the victim’s head to fluence, and caused an influenc

Summary of Evidence

1. Statement by the defendant in court;

1. Statement B;

1. The respective descriptions of damage and on-site photographs, investigation reports (CCTV image reading), photographs, and video CDs and the application of video-related Acts and subordinate statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] Imprisonment with prison labor for not more than seven years [the types of applicable sentences] [the scope of applicable sentences] under the category 1 of general bodily injury among the violent crime groups [the scope of applicable sentences] mitigation area: Imprisonment with prison labor for not more than two months but more than one year [the scope of recommended sentences] under the sentence for not more than four months] under the sentence for not less than one year [the defendant with prison labor for not less than four months] has been already punished for the same kind of crime, and on March 22, 2017, the defendant has been sentenced to a summary order of not more than 1.5 million won for the same crime due to assault, etc. by this court (Article 2016 and approximately 20945).

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant is making a confession of the crime and the victim does not want the punishment of the defendant (Evidence Record 19, 22, 46 pages), etc.