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(영문) 대전지방법원논산지원 2020.09.08 2019고단528

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on October 27, 2019, the Defendant, while talking with the victim D (ma, 54 years of age) and hospital expenses issues, expressed that “I will die. I will die. I will do so.” On the other hand, I would like to see the victim’s face in drinking, and, on the other hand, I would like to see the victim’s breast part of the victim’s breast part due to drinking and suss, I would like to see the victim’s face at approximately five weeks of medical treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police written statement of injury to D;

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

1. The victim suffered five primary injuries due to the violence of the defendant for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence.

Although the defendant has long been subject to a fine, there are two times the same kind of fine, and there are criminal records such as punishment due to driving without a license for drinking.

This is disadvantageous to the defendant.

The fact that the defendant agreed with the victim, and that the defendant's mistake and reflects it shall be considered in favor of the defendant.

In addition, the defendant's age, character and conduct, environment, details of crimes, circumstances after crimes, etc. shall be determined as per Disposition in consideration of the overall circumstances shown in the arguments in this case.