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(영문) 의정부지방법원 고양지원 2016.07.22 2016고단1017

상해

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

From September 2015 to January 2016, the Defendant employed the victim C (51) as his/her employee in a bond supply plant operated by himself/herself. The Defendant was urged to pay benefits continuously from the victim’s failure to pay benefits.

On February 17, 2016, the Defendant would be able to ask the “fluort benefits” from the injured party.

“Around 21:00 on the same day, the victim’s face was found in front of the victim’s home on the same day, and the victim’s face was about five times as drinking and five times as back to the victim.

As a result, the defendant suffered injury to the victim due to the climatic blood transfusion and the climatic saliva of the above climatic climatics that require treatment for about 32 days.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to medical certificates of injury and records of each medical treatment;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is relatively heavy in light of the background and content leading up to the instant assault and the degree of injury.

However, the fact that the defendant paid the full amount of wages and medical expenses sealed to the victim and separately agreed with the victim, and that there is no record of punishment exceeding the fine, the circumstances favorable to the defendant shall be considered.

In this context, the sentencing conditions such as the defendant's age, sex, environment, occupation and career, family relation, relationship with the victim, motive and circumstance of the crime, details of the crime, and circumstances after the crime shall be comprehensively considered.