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(영문) 의정부지방법원 2015.02.11 2014고단2832

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 2014. 7. 5. 08:15경 구리시 B 앞 노상에서 피해자 C이 피고인의 여자 친구인 D에게 “좋아한다. 만나고 싶다. 나 지금 ’E‘ 술집에 있다”라고 보낸 내용의 문자메시지를 확인하고 이에 화가 나 피해자가 있는 곳으로 찾아간 다음 피해자를 발견하고 주먹으로 피해자의 얼굴을 수회 때리고, 바닥에 넘어진 피해자의 얼굴을 발로 수회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as internal and stoke, stoke, and stoke, which need to be treated for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the injury of each victim;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Injury (In general, from April to June) in the basic sphere (in general) of the Act on the Suspension of Execution (in general, from April to June), [person under special mitigation and mitigation] and the scope of comparative sentence with recommended sentences: April to 1 year: 6 months [Pronouncement Decision] imprisonment with prison labor for 6 months and 1 year and 6 months, and conditions disadvantageous to the victim: The degree of injury suffered by the victim.

Preferentials: Contrary to his mistake, there is no record of crime more than a suspended sentence, and there is a smooth agreement with the victim.

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.