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(영문) 청주지방법원 2020.01.16 2019고단458

상해

Text

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

However, 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

At around 03:00 on January 4, 2019, the Defendant, while drinking alcohol together with D and the victim E (n, 33 years of age) in Seowon-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, Cheongju, had a contact on the face of the victim on the ground that D would be better for the victim, and caused injury to the female, such as escape of internal tissues, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. The legal statement of witness D and E;

1. A written diagnosis of injury;

1. Application of statutes on field photographs and damaged photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The degree of injury on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, the degree of damage on the grounds of sentencing of Article 186(1) of the Criminal Procedure Act, the damage was not recovered, and the person does not reflect, thus choosing imprisonment and taking the responsibility therefor.

However, considering the first offender, the circumstances of the case, the relationship with the victim, the family relationship, etc., the sentence of punishment is deemed too harsh, so the execution of the sentence will be suspended only once.