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(영문) 춘천지방법원 원주지원 2017.04.27 2017고단100

상해

Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2016, the Defendant: (a) boarded C cab driven by the Victim B (56) around 23:50 on December 31, 2016; (b) arrived at the front of “E cafeteria” located in D in the original city; and (c) upon the Defendant’s request for the payment of charges, the Defendant inflicted on the part of the left head by drinking once, on a multiple occasions, on the part of the head of the drink, and on the part of the victim, on the part of the victim, the Defendant inflicted an injury, such as salt, tension, etc. of the bones, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] [the person subject to special mitigation] [the person subject to special mitigation] is not limited to the degree of damage of the victim, and the victim paid 1.5 million won to the victim as agreed amount, the defendant has a record of being subject to multiple criminal punishment on account of the crime with violent inclinations, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered by taking into account all other circumstances that are the conditions for sentencing as shown in the records.