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(영문) 대전지방법원 공주지원 2019.09.20 2019고단267
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 11, 2019, the defendant, at around 17:10, 2019, went to the "C cafeteria in the public city B" because he did not calculate the drinking value with D, a restaurant operator, and was in dispute. The defendant, on the ground that the victim E (the age of 53), took the words "n't d't d't d't d't d't d't d't d't d't d't d't d't d't d't d't d', a restaurant operator, and took the body and face of the victim E who d't d't f' on the floor

As a result, the defendant suffered injury to the victim E, such as infinites and shesheshesheshel in the days of treatment, and injury to the victim F, such as shel's escape, which requires approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on internal investigation (D phone calls for reference);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site photographs, victim fryp photographs;

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

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant assaulted victims due to considerable robbery, and the degree of injury of victims is not easy.

The Defendant had a number of criminal records of the same kind, and thereby, was sentenced to the suspension of the execution of imprisonment, but the Defendant committed the instant crime only for five months.

Imprisonment is chosen because there is no room to treat the defendant again.

However, it shall be considered in favor of the victims that the victims did not want the punishment of the defendant under the agreement, and the punishment shall be determined as ordered in consideration of the following factors, comprehensively taking into account the defendant's age, character and conduct, environment, occupation, family relationship, motive for the crime, etc. and various sentencing conditions

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