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(영문) 의정부지방법원 고양지원 2014.04.17 2013고단1648
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 23:40 on August 23, 2013, the Defendant inflicted an injury on the “D” restaurant located on the first floor of the Yongsan-gu Incheon Metropolitan City building C, Manyang-si, and the victim E (Nam, 65 years of age) in front of the instant restaurant, and the victim E (macu, South Korea, and 65 years of age), who would face the victim three times due to drinking, and walked the victim's face three times due to drinking, and who would face the victim once in a single way, thereby requiring approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes on the medical certificate of injury and photographs of victims;

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 victim suffered serious injury due to the instant crime is an element of sentencing unfavorable to the Defendant.

On the other hand, the Defendant recognized most of the facts charged in the instant case and sought a prior wife, and the Defendant and the victim are punished by pulse while under the influence of alcohol after drinking together.

As the instant case occurred, there are circumstances that may be considered in the motive and background of the instant crime, the Defendant partially borne the medical expenses of the victim, deposited 3 million won for the victim, and the Defendant has no record of crime that has been able to pay attention so far, etc. are elements for sentencing favorable to the Defendant.

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and behavior, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to the “crime crime sentencing

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