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(영문) 춘천지방법원 원주지원 2017.08.24 2017고단511

상해

Text

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

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

around 03:30 on March 28, 2017, at the house of the victim C (n, 40 years of age) who had been on the second-month bridge at the time when the victim C (n, 40 years of age) was located in △△△△ Dong, △△△△△△△, the Defendant was able to obtain the victim's head debt and her head several times. The victim took the face by her hand several times, taken the side side side by her own drinking, her hand over several times. The Defendant continued to put two legs into the body of the victim, put them into the body with his hand, her hand, her neck, her buck with his hand, and her buck with his hand, and her buck with his her hand, put the victim into the left part of the body, such as the bridge 8th day of the right side for treatment for about 4 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] does not exist in the basic area of Category 1 (In April to one year and six months) [the person subject to special sentencing] [decision of sentence] The crime of this case constitutes so-called “defabb violence.” The defendant is deemed to have inflicted an injury by using violence to a person with no person’s speech at his/her own discretion, and the crime was committed in light of the motive, method, etc. of crime, and the degree of damage is poor in light of the motive, method, etc. of crime.

On the other hand, there is no history of criminal punishment exceeding a fine, and there is no history of criminal punishment as to the crime of violent inclinations. Prior to the crime of this case, there is no use of violence against the victim, and there is no access to the relation with the victim after the crime of this case, and there is little concern for preventing the victim from committing additional crimes.