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(영문) 의정부지방법원 2018.08.23 2018고단806

상해

Text

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

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

Reasons

Punishment of the crime

On December 3, 2017, the Defendant viewed drinking together with E at D cafeteria located in Pyeongtaek-gun C of Gyeonggi-do on December 22:45.

The victim F (n, 55 years old) this defendant " Narabb"

It will be within the meaning of this paragraph.

“.....”

The Defendant, when making the victim's face unfortunate by drinking her face, she laid the victim over the floor, and she inflicted injury on the victim, such as a chest fright, which requires approximately 6 weeks of medical treatment on the victim several occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each legal statement of witness F and E;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The basic area of the recommended punishment [the scope of the recommended punishment] the scope of the recommended punishment [the types of determination on the recommended punishment] general injury to violence [the scope of general injury] [the scope of the recommended punishment] [the scope of the recommended punishment] from four months to one year and six months.

3. Determination of sentence of punishment in this case, the liability for the crime in light of the content of the crime in this case, the degree of injury of the victim, etc.

However, the defendant shows an attitude that the defendant generally reflects his mistake.

There is no criminal record of the defendant for the last ten years or less.

There are circumstances to consider the motive and circumstances leading to the Defendant to commit the instant crime.

Social ties are clear.

In addition, punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines by taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, method and mode of crime, and circumstances before and after the crime, etc., and the execution of such punishment shall be suspended.