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(영문) 의정부지방법원 2021.01.20 2020고단6068
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2020, the Defendant inflicted injury on the victim, such as the 5,00-day frame of 42 days in need of medical treatment, on the ground that the victim D ( South, 57 years of age) took a bath to himself/herself, on October 2, 2020, on the ground that he/she took a part in the victim's face with the hand floor, and made the victim take the face of the victim over the floor, and caused the victim to suffer injury, such as the 5,00-day frame of 42 days in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (referring to submission of a written diagnosis of injury) and report on internal investigation (on-site search and CCTV) by each police in relation to the accused and D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. In light of Article 62(1) of the Act on the Suspension of Execution, the Defendant again committed the instant crime even though he/she had been subject to multiple punishments for violent crimes. The degree of injury inflicted on the victim is not easy.

O favorable circumstances: The victim does not want to punish the defendant.

O) Comprehensive consideration of the health status of the defendant, family relations, age, sexual conduct, environment, relationship with the victim, motive means of the crime, results of the crime, and the circumstances after the crime, including the above unfavorable circumstances, favorable circumstances, and all the sentencing conditions indicated in the arguments and records shall be determined as ordered.

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