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(영문) 의정부지방법원 2018.06.08 2017고단5128
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on July 10, 2015 to imprisonment with prison labor for the crime of extortion at the Goyang Branch of the Jung-gu District Court on March 10, 2015, and the judgment became final and conclusive on August 27, 2015.

[2] On August 19, 2017, the Defendant: (a) on the street in front of the gas station located in C, Namyang-si on August 19, 2017, on the ground that the taxi driven by the victim E (66 years old) while driving the vehicle, was replaced by the Defendant; (b) after stopping the vehicle after the victim taxi, the taxi stopped the vehicle to the window of the driver’s seat of the said taxi; (c) expressed the victim’s bath to the victim; and (d) pushed the victim’s face; and (d) pushed the victim’s breath.

As a result, the Defendant inflicted an injury on the victim, such as the crossing of the 2nd century, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of E and F;

1. Side photographs of the assault;

1. An investigation report (Submission of a medical certificate of injury), and a medical certificate of injury;

1. Investigation report (verification of suspect vehicle booms image data), black booms image images;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] general injury [the scope of recommendation] in the mitigated area (two months to one year), [the person who has been specially mitigated] in the mitigated area (including a serious effort to recover damage), or in the case where considerable damage has been restored (the decision of sentence] in the case where the defendant committed the crime of this case again despite the fact that he had been punished several times for the same crime, and the crime of this case is heavier in light of the fact that the crime of this case was committed during the period of probation.

However, the fact that the defendant recognizes his mistake and seriously reflects it, the victim and the victim do not want the punishment of the defendant.

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