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(영문) 의정부지방법원 2014.08.12 2014고단2192

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 1, 1989, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Northern District Court on June 1, 198, and on July 30, 1996, for a violation of the Punishment of Violences, etc. Act at the Seoul Northern District Court on July 30, 199, and was sentenced to eight times a fine of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act

【Criminal Facts】

At around 22:30 on June 23, 2014, the Defendant: (a) called “E” restaurant operated by the victim D (the age of 73) who was in his own city, and was in the course of drinking alcohol, the Defendant: (b) stated that “E” restaurant operated by the victim D (the age of 73) and was in the process of drinking alcohol; (c) the victim was coming to the victim as to whether the victim changed “Irson bank,” and (d) the victim was coming to walked, “Irh, Chewing, Irh, Irh,” and (d) expressed the victim’s desire to “Irh, Irh,” and (d) caused the victim’s injury, such as a blood transfusion with approximately three weeks required for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. In light of the relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of sentence [the scope of recommendation] general injury (the scope of general injury) and no basic area ( April to one year and six months) (the special person) (the decision of sentence] [the decision of sentence] criminal records of the defendant, the most criminal records caused by drinking and violence are criminal records, and the defendant is judged to have revealed violent tendency upon the withdrawal of alcohol.

As the crime of this case was committed under the influence of alcohol, it can not peep the defendant's will to improve his living conditions, such as the practice of goldism, and therefore, it seems that the defendant requires strict punishment.

The degree of damage of victims is severe, and there is no effort to recover damage and no agreement has been reached.