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(영문) 의정부지방법원 고양지원 2019.10.31 2019고단1264

상해등

Text

A defendant shall be punished by imprisonment for six 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

1. Around March 29, 2019, the Defendant: (a) committed assault against the victim D (the age of 51) who had conflict between work and personal work at “C” office located in “C” office located in “C” on March 29, 2019; and (b) who was disputing with “C” office located in “C” office located in “C” office located in “B,” and used the victim as a material of fraud with a dangerous 20 km volume; and (c) who was in front of the victim’s favorable customer so that the victim

2. The injured Defendant saw the victim’s face by hand at the date, time, place, and place indicated in paragraph 1, took the victim’s face several times, taken the victim’s head knife, and taken the victim’s body several times due to the victim’s appearance, thereby causing injury to the victim, such as a 6th cage cage, which requires approximately five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

1. Relevant Article 257 (1) of the Criminal Act and Articles 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 261 and 260 (1) of the Criminal Act (the point of special width and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered as favorable to the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Special assault [Determination of Punishment] Violence (Type 6] < Amended by Act No. 690, Feb. 1 through 2111; Act No. 6068, Feb. 21, 2011> 1. Reduction elements of repeated assault and special assault (special assault)

(b) General injury [Type 1] General injury (special-speed person] by injury (special-speaking person): Reduction area of punishment (speaking person): February to October; Imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year and seven months;

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of stay of execution, the defendant is a thing in danger of damaging the victim;