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(영문) 의정부지방법원 2019.08.14 2019고단795

상해

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On October 12, 2018, the Defendant was sentenced to a summary order of KRW 1 million as a fine for interference with business, etc. at the Jung-gu District Court on the crime of interference with business, and was sentenced to criminal punishment for violent crimes four times in total. On August 17, 2018, the same court was sentenced to imprisonment for one year as a crime of violation of the Road Traffic Act, and was sentenced to two years of suspension of execution on August 25, 2018, and the judgment becomes final and conclusive during the period of suspension of execution.

【Criminal Facts】

The defendant is between the victim B (n, 30 years of age) and the person living together.

Around 01:30 on February 8, 2019, the Defendant, at the 01:0 on the 6th floor floor of the building C, had a dispute with the victim as a whole male-child problem with the victim's gallon, and was in line with the son of the victim when the Defendant galloned S6 cellphones to the victim, and galloned the victim's face by drinking and hand, and caused the victim's injury to the victim, who was walking on the gallon part of the victim's bridge, and who was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecutor and the police concerning the victim B;

1. Each statement of the victim B;

1. Each related photograph and material;

1. A report on investigation (a photographic photograph taken by a suspect Hand);

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (former and previous records, summary order, non-prosecution decision form, and attachment report of written opinions), previous disposition, and application of Acts and subordinate statutes reporting results;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The defendant's decision on the mitigation area of violent crimes in accordance with the sentencing guidelines based on the reasons for sentencing the alternative sentence of imprisonment with prison labor is an act of assaulting a victim who was living together with him/her due to his/her relationship with him/her, such as the victim's face, eye, head, etc., and walking his/her head and her arms with his/her arms and legs by drinking and hand, and the police officers dispatched to the police station upon the victim's report and the police station even after they turn together with the victim.