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(영문) 의정부지방법원 고양지원 2014.07.10 2014고단534
상해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 4, 2014, the Defendant asserted the Defendant’s house located in Yongsan-gu, Mangsan-si B, 405 Dong 1302, Goyang-gu, Mangsan-si, and the Defendant’s house, and the victim C (n, 43 years of age) and the toilet changeer. B, while desireing for the victim, the Defendant was faced with the victim’s coke part of the victim’s own head, and suffered the victim’s injury (the number of days of medical treatment).

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement concerning C;

3. Application of the legislation in the opinion.

1. Relevant legal provisions concerning facts constituting an offense, and Article 257 (1) of the Criminal Act selecting a penalty;

2. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime against the Defendant, even though he/she had a record of having been sentenced to multiple injuries by the victim, who was found guilty in 2005, even though he/she had been sentenced to punishment, etc.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes all the facts charged in this case and reflects against the defendant, that the surface is currently living together with the victim by reconciliationing with the victim, and that two children should be supported.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.

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