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(영문) 춘천지방법원 원주지원 2019.09.19 2019고단743

상해

Text

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

On July 2, 2019, around 00:36, the Defendant was under the influence of alcohol at the original building B and the second floor C, and was under the influence of alcohol at the second floor, and was under the influence of alcohol, and was under the mutual view of the victim D (25 years of age) and the face of the victim, and continued to purchase the victim's face and telegraph at several times, resulting in an injury to the victim, such as cutting the frame of the floor of a heavy water-frame, which requires approximately seven weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (No. 5, 6, 7 No. 5 of the evidence list);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The range of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person): Reduction element: Where a person is not subject to punishment (including a serious effort to recover damage) or considerable damage is recovered, serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], April through June 1.

3. Determination of sentence: In addition to the sentencing factors as seen earlier, consideration shall be given to the disadvantage of the defendant, such as the fact that the defendant could have been punished for the same kind of crime, and that the defendant recognized the crime of this case and reflects the fact that the victim currently does not want the punishment of the defendant, etc. In addition, consideration shall be given to favorable circumstances, taking into account the defendant’s age, character and conduct, environment, motive and background of the crime, result of the crime, and circumstances after the crime, etc., as set forth in the arguments of this case, the sentence shall be