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(영문) 춘천지방법원 2018.02.08 2017고단938

상해

Text

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

Reasons

Punishment of the crime

On August 9, 2017, at around 15:05, the Defendant, while under the influence of alcohol in front of D convenience points in Chuncheon City, became a victim E (n, 45 years of age) and Si expenses, took one time in his/her hand the face part of the victim’s face, and took over the victim’s face part in his/her hand over the floor, and took part in the victim’s face part again, the Defendant inflicted an injury on the victim by cutting off the body part of the body part of the body of the 6 weeks in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the arrest report on the occurrence of the case, the dispatch report on the scene of the violent incident, the investigation report (related to the video recording ofCCTV and the attachment of CDs and photographs), the investigation report (related to attachment of victim E

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from April to June) of the sentencing criteria [the scope of recommended punishment] general injury; and

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the following conditions of sentencing, such as the character, conduct, health, background of the crime, circumstances after the crime, etc. of the defendant, and all the conditions of sentencing as shown in the proceedings

3. Unfavorable circumstances: The Defendant alleged that he was the victim's assaulting the victim by citing that he was "fluor of an accident". However, according to images, even though he appears to have been in a dispute with another person other than the victim, it is confirmed that the Defendant was the perpetrator of a fake victim. However, in light of the circumstances and the method of such crime, the crime was bad, and the victim was not suffered a considerable injury, and there was no agreement on the victim. The Defendant was sentenced to imprisonment with prison labor for 1 year, 4 years as the crime of robbery on June 19, 2008, and 2 months as the crime of robbery on July 16, 2010, it is advantageous that he was sentenced to imprisonment with prison labor for two months as the crime of robbery.