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(영문) 의정부지방법원 2017.08.28 2017고단2157

상해

Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2017, around 08:00, Defendant A suffered injury, such as inside a 14-day medical care, due to the difference of opinions between the victim B (53 tax) and the construction cost in front of the construction site of New River Loans, which had been talked with each other in relation to the construction cost with the victim B (53 tax).

2. Defendant B abused the victim on the same grounds at the time and place as indicated in paragraph 1, by taking care of the victim A(55 years of age) on the face of his head, and by walking three times the gromatic mouth, the Defendant assaulted the victim.

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement concerning the suspect B in the protocol of the police interrogation; and

1. Damage load photographs, injury diagnosis certificates, video CDs [Defendant B];

1. The defendant's legal statement (as at the first trial date), some legal statement (as at the third trial date);

1. Each legal statement of the witness F and A;

1. Application of the Acts and subordinate statutes governing damaged parts of photo, video CDs [Defendant A]

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders / [Defendant B]

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The basic area of Defendant A [the scope of applicable sentences under the law] 7 years of imprisonment [the scope of applicable sentences under the law] / [the scope of recommended sentences / [the scope of recommended sentences] : From April to April 6, considering the fact that Defendant A, who was suspended from the execution of imprisonment for one year in the period of one year and one year of six months [the decision of sentenced punishment], led to the confession of Defendant A while committing a crime, etc., Defendant B [the scope of applicable sentences under the law] 2 years of imprisonment or less [the decision of type] among violent crime groups.