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(영문) 의정부지방법원 고양지원 2019.11.29 2019고단2611

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 22:42 on July 24, 2019, the Defendant: (a) reported the victim’s appearance outside the above restaurant while drinking alcohol together with the members of the friendship group, including the victim D (34 years of age); and (b) made it possible for the victim to get out of the above restaurant; and (c) made it possible for the victim to get out of the restaurant; and (d) made it more often on the ground that the victim got out of the restaurant, the Defendant got out of the restaurant; (b) made it possible for the victim to get out of the restaurant; and (d) caused the victim’s face on several occasions, such as having the victim go out on the spot, and caused the victim to suffer injury, such as having the victim go out of the trauma, which requires medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (a CCTV verification at a C cafeteria);

1. A copy of a medical certificate, opinion, and medical record;

1. Application of Acts and subordinate statutes to field photographs, victim fluor 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person in a form): Reduction element of punishment: serious injury (the area of recommendation and recommendation range], basic area [the scope of recommendation range and recommendation range], four months to one year and six months.

3. As a result of the instant crime of this case, the victim suffered serious injury, such as suffering from the injury to the sacrife in an emergency room due to the injury of the sacratic sacrife, the sacrine sacrife, the sacrine s

Furthermore, even though the defendant had been punished for the same crime, he committed the crime of this case, and there is no circumstance to consider the circumstances in which the defendant inflicted the injury on the victim.

However, it is against the defendant's wrong recognition of his own mistake at the latest, and the defendant.