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(영문) 전주지방법원 군산지원 2019.05.29 2018고단1519

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

피고인은 2018. 11. 4. 09:36경 군산시 B에 있는 C 주차장에서 피해자 D(36세)과 주차 문제로 실랑이를 벌이던 중 피해자가 주차를 똑바로 하라고 하면서 기분 나쁘게 말하였다는 이유로 화가 나 양 주먹으로 피해자의 얼굴 부위를 40회 정도 때리고 양 발로 피해자의 허벅지와 정강이 부위를 10회 정도 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim for about 21 days, such as a part of a baby in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs photographs of damaged parts, and black stuff photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing criteria and the general injury [Type 1] general injury area (the scope of recommendation area and recommendation range], the basic area of punishment, April through June of imprisonment.

3. The fact that the defendant's decision of sentencing recognizes and reflects the defendant's mistake is advantageous, or that the defendant commits another crime even though there are many criminal records of the same kind of crime, unilaterally assaulting the victim is very bad in quality of crime, and that the degree of injury suffered by the victim is not weak and that the victim has not been able to receive from the victim is disadvantageous.

The sentencing conditions, such as these circumstances and the age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined within the scope of the recommended sentencing guidelines according to the sentencing guidelines.