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(영문) 의정부지방법원 2020.10.08 2020고단1776

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 22:55 on March 27, 2020, the defendant suffered from injury to the victim, such as a spathal, face spathy, face spathy, etc. in need of medical treatment for about 30 days by drinking the inside part of the victim D (the age of 50).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Voluntary report and internal investigation report;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types) general injury (the type 1) (the person specially punished) and not subject to punishment (the scope of recommended sentences) shall be sentenced to imprisonment for two months from 2 months to 10 months (the area of mitigation);

3. The crime of this case in which the sentence of sentence is to be sentenced was committed by the defendant as a matter of time with the victim who is the offender at the main place, and as a matter of time with the payment of the drinking value, five fingers in consideration of the victim's face at drinking, and the nature of the crime is considerably heavy in light of the circumstances of the crime, methods, patterns, and the part and degree of the injury.

Considering the fact that the defendant has been punished several times due to the same crime of violence, such as one time of suspended sentence of imprisonment, five times of fines, etc., and that the defendant has failed to memory the exact developments of the case due to the crime under the influence of alcohol, it is likely that the defendant will not unfasten the same mistake while working in the future.

However, the above sentencing guidelines are comprehensively taken into account favorable circumstances, such as the fact that the defendant recognized and reflected the crime of this case, the fact that the victim agreed smoothly with the victim, and other favorable factors, such as the defendant's age, character and behavior, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime.