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(영문) 수원지방법원 평택지원 2014.03.20 2014고단6

상해

Text

A defendant shall be punished by imprisonment for one year.

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 15:00 on November 4, 2013, the Defendant, while drinking with the victim C (62 years of age) and drinking in the dwelling space of the Defendant at Pyeongtaek-si B house 201, considered the victim as being drunk, and assaulted the victim's head at a high school with winding and drinking, assaulted the victim's head at several times by drinking, led the victim at one time by drinking, and caused the victim's head at one time by taking the knife of the victim's head at one time, and caused the victim's injury at one time by taking the knife of the knife in the resistance of the resistance at the resistance of the resistance and by taking the knife for 14 days at one time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Seizure record and list;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

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

1. 보호관찰 및 사회봉사명령 형법 제62조의2 양형이유 이 사건은 피고인이 가위와 칼로 부녀자인 피해자의 안면부와 두피에 8센티미터 이상의 열상을 가하여 안면부를 꿰매야 하는 상해를 가한 사안으로 그 피해정도가 중하여 그에 상응하는 처벌의 필요성이 있다.

Provided, That a suspended sentence shall be imposed by adding probation and community service order to prevent the risk of recidivism in consideration of the fact that the defendant recognized the crime, agreed with the victim, and the first offender, etc., but the probation and community service order shall be imposed as ordered.