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(영문) 의정부지방법원 고양지원 2020.05.14 2020고단304

상해

Text

A defendant shall be punished by imprisonment for 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

At around 22:30 on January 11, 2020, the Defendant: (a) and the victim D (the 38 years of age) who was a de facto spouse in Goyang-gu building B, and in the residence of heading C; (b) and (c) were drinking to approximately five times the face of the victim; (c) was pushed down with one hand, and was pushed down with the victim's neck; and (d) was taken by drinking the body of the victim, the Defendant inflicted on the victim about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of D;

1. 112Report settlement statement;

1. On-site and photographs of damage, and photographs of parts of each damage;

1. Application of the Kakao Stockholm statutes

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

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

1. Although the defendant and his defense counsel asserted that the defendant's act constitutes self-defense, it cannot be viewed as a reasonable act in light of the contents or result of the evidence, the above argument is rejected.

Reasons for sentencing

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June; and

2. The degree of violence that has been determined and used as a sentence is not easy, the fact that the victim did not receive a letter from the victim is considered to be disadvantageous. Considering the fact that the defendant is also damaged by a part of the victim, the defendant's age, criminal records, social living relationship, relationship with the victim, the relationship with the victim, and the circumstances before and after the crime, etc., the defendant shall be determined as the order and the execution of the sentence shall be suspended, and probation, etc. shall be added.