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(영문) 수원지방법원 평택지원 2019.02.21 2018고단1168

상해등

Text

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

Reasons

Punishment of the crime

1. On December 19, 2017, the Defendant lent KRW 500,00 to the victim D(57 years of age) at the Korean-type restaurant located in Pyeongtaek-si B, and the Defendant got off the victim who was sitting in company with the victim beyond the upper floor to recover the amount of money that the victim would have borrowed from the victim D(57 years of age).

Accordingly, the defendant assaulted the victim.

2. On December 19, 2017, at around 20:50, the Defendant borrowed money with the victim as described in the preceding paragraph, as the case was recovered again, the Defendant was removed on December 19, 2017 by asking for the first fourth part of the victim’s left hand by asking for the part of the victim’s loss in which the Defendant borrowed money.

As a result, the Defendant inflicted an injury on the victim on the side of the left four fingers in need of treatment for about 148 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or D's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. G statements;

1. Each investigation report (including attached documents);

1. The written diagnosis of injury (the defendant did not contain any violence against the victim, and the injury against the victim constitutes self-defense. However, according to the evidence above, the defendant's above rejection of a defense suit and sufficient recognition of the facts charged in this case can be accepted, and the defendant's assertion is not accepted) is applicable to the law.

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with labor for the crime;

1. Among concurrent offenders, the scope of recommending sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is six months to two months, and the sentence is imposed in that the injured party is serious and the injured party is not recovered. However, in determining the sentence, the background of assault and injury, and the criminal records of the accused.