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(영문) 의정부지방법원고양지원 2020.11.05 2020고단1762

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

At around 22:10 on December 20, 2019, the Defendant: (a) took a bath at “C” located in Paju City B; (b) took care of the victim D (38 years of age) on the ground that there was no usual brush; and (c) took care of the victim’s face due to drinking, the Defendant inflicted injury on the victim, such as the closed bruptor of the inner wall that requires approximately six weeks of treatment.

Summary of Evidence

1. Statement of the police officer concerning D's legal statement;

1. Application of Acts and subordinate statutes to photographs damaged by a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] general injury [Special Aggravation] and the factors of mitigation: The serious injury and mitigation: The basic area of non-compliance with punishment [the area of recommendation and the scope of recommendation], the basic area of imprisonment with prison labor from April to June;

2. In light of the fact that the victim who was sentenced to the sentence suffered significant injury, the part of injury was also at a high risk, the record of being punished three times as a crime of obstruction of performance of official duties, and the victim was sentenced to a suspended sentence of imprisonment in 2015, there is a need to strictly punish the victim. However, considering the fact that the victim does not wish to be punished (the victim directly present at the court) and the fact that the victim’s confessions the crime against the mistake, the victim’s age, social life relationship, health conditions, and circumstances before and after the crime, etc., the sentence is determined as ordered and its execution is suspended, taking into account various sentencing factors revealed in the course of investigation and trial, including the defendant’s age, social life conditions, and conditions before and after the crime.