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(영문) 의정부지방법원 2014.09.24 2014고단1171

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 21:25 on February 13, 2014, the Defendant observed that the victim C and the wife of the Defendant were shouldered and walked, and that the victim C and D, who were the wife of the Defendant, knife and walked with them, were mistaken for the victim C with the wind, and became the victim and the victim, and the Defendant was flife with the victim, and the victim was flife with the body of the victim, and the victim was flicked with the face of the victim, and was flife with the body of the victim, and was flife with the body of the victim for about 46 days due to drinking and flicking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Application of each injury diagnosis certificate, and statutes governing damaged photographs;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision of type) of general injury [the decision of the recommending area] basic area of sentencing of category 1 [the scope of recommendation] [the scope of punishment] 4 months to 1 year and 6 months [the general person] - there is no record of criminal punishment [the scope of punishment] - one month to 7 years [the grounds for suspended sentence] - There is no positive record of criminal punishment - there is no positive record of general participation - It is clear and contingent crime in positive social relation / [the punishment and recommendation type] law applicable to the punishment and recommendation type] : From January to July 1 to June 6 [the decision of sentence] : Imprisonment with prison labor for 6 months from April to 1 year : there is no record of victim's injury, agreement on the extent of damage, and restoration of damage. The decision is made on the ground that there is no record of criminal punishment in favor of the beginning, his mistake against himself, motive against the victim, motive of the crime, and the order above above.