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(영문) 의정부지방법원 고양지원 2016.03.31 2015고단2246

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:40 on July 26, 2015, on the street in front of the D dan in Pransium in Paju City around 00:40 on July 26, 2015, she only for a long time with the victim E (43) who was sexual intercourse and was drinking at the said D dan, she is why the victim “ she would have come well before her to do so.”

"Grasium b, after leaving the front door of the main point, flick the face of the victim's left by drinking, flick the victim's face, flick the head of the victim's head, flicking the victim's face, and flicking the victim's face again after walking the victim's face.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral cerebral le, which is in need of treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

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 sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury No. 1 (General Bodily Injury) basic area (4 months to one year and six months), [Special Mitigation (including efforts to recover damage)] / Involuntary injury (1, and four types] / The defendant has many records of having been punished for violent crimes, and was sentenced to a fine for assault twice between the last three years.

Also, in light of the method and background of the crime, and the degree of injury of the victim, the quality of the crime is not easy.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and the injured person does not want the punishment of the defendant.