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(영문) 의정부지방법원 2019.11.28 2019고단3061
상해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 19:15 on June 25, 2019, the Defendant, while drinking alcohol together with the victim D(n, 67 years of age) at the “Ccafeteria” located outside the above restaurant, was under the influence of the Defendant, and the victim, while drinking franchising with the victim, had the victim franch dispute with the victim, and franched with the victim’s head by drinking franchis, pushed the victim’s franchis, pushed the victim’s head, and pushed the victim’s head into the wall. On the other hand, the Defendant inflicted an injury on the victim, by walking the part of the victim’s inside the part of the franchisc, requiring approximately 4 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the medical certificate, each photographic statute;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] general injury (type 1) to general injury (type 1] to a person who suffers from a penalty (the scope of recommending punishment], 2 months to 10 months (the area of mitigation).

3. The Defendant had already been sentenced to imprisonment with prison labor and fines on several occasions for violent crimes, and was sentenced to imprisonment with prison labor for six years for attempted murder, and was sentenced to prison labor for six years.

However, despite such repeated punishment, the defendant repeats the same crime without being different from that of the previous.

In this case, the method and form of the crime are inferior, such as taking the face of the victim beyond the defendant's attack, and the degree of the injury is also not easy, and the nature of the crime is heavy.

In order to eradicate the fear of recidivism, it is necessary to strictly punish the accused.

However, the fact that the defendant recognizes and reflects the crime of this case, the fact that the defendant agreed with the victim is elderly and health.

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