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(영문) 의정부지방법원 2015.01.14 2014고단2795

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

The defendant is a person who operates a entertainment drinking store, which is an entertainment drinking house in the third floor of the building B in Namyang-si, and an entertainment drinking house in Namyang-si, Namyang-si, and the victim F is a person who works for an employee from the E-place.

At around 05:20 on June 10, 2014, the Defendant, at the above C points, sustained injury to the Defendant, after drinking alcohol, on the ground that the Defendant stated that “the victim said that he would be offset against his unpaid benefits,” along with his own ship, the victim’s face and body had been taken several times, resulting in the Defendant’s injury, such as cutting the bones, etc. of the bones, requiring four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement among the interrogation protocol of the defendant against the prosecution;

1. Part of the police investigation report (CCTV video image verification is not available) with respect to G to employees;

1. A written diagnosis of injury;

1. Application of the F related Acts and subordinate statutes to photographs of victims;

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 [Scope of Recommendation] General In the event that the basic area (including persons subject to special mitigation and mitigation and mitigation) (including serious efforts to recover from damage) or considerable damage is recovered from the basic area (including those subject to serious mitigation and mitigation) of types of injury, the scope of sentence compared with the sentencing range of serious injury (including at least four weeks of serious injury), April 1 year and six months of suspended sentence: Imprisonment with prison labor for 6 months from April 1 and 16 [Pronouncement Decision], the method and degree of assault against the victim, and the parts and degree of the victim's injury.

A favorable condition: A person who has no record of the same kind of crime or more than the suspension of execution, who has made an agreement with the victim by paying a certain amount of money for the recovery of damage to the victim.

In this regard, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other factors such as sentencing under each subparagraph of Article 51 of the Criminal Act are considered.