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(영문) 제주지방법원 2019.08.22 2019고단1252
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

Punishment of the crime

At around 15:40 on April 17, 2019, the Defendant was punished for a trial on the ground that the Defendant did not first repair the Victim C (the 66 years of age) who is the chairperson of the B apartment operation council in the B apartment management office at Jeju-si, B apartment management office, and his house, which is the residents of B apartment, one of the occupants of B apartment, and the Defendant was punished for a trial on the face of the victim, chest, etc. in drinking, the Defendant was satisfing the face of the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a medical certificate, etc. and change of the name of the crime);

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 (General Considerations favorable to the reasons for sentencing as follows);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, where the crime of this case was committed by the victim, who is the chairperson of the apartment operation association, who is one of the residents, and the nature of the crime is bad, the defendant did not agree with the victim and did not endeavor to recover damage, and the defendant has been punished for violent crimes several times including the suspended sentence of imprisonment.

However, there are favorable circumstances such as the fact that the defendant is against the charge and the degree of injury is not much serious.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes: Violence Crime Group, General Injury, Type 1 (General Injury, etc.)

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