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(영문) 의정부지방법원 2019.05.03 2018고단5378
상해
Text

A defendant shall be punished by imprisonment for 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

The defendant is the victim B(32 years of age) and the person who is in the post-Veline relationship with the victim.

At around 23:30 on July 29, 2018, the Defendant: (a) while drinking alcohol on the bottom of the “new steel 1 bridge” located in the new steel 2018, the Defendant inflicted an injury on the victim’s face on the ground that the victim’s speech and behavior does not come up with the mind; and (b) the Defendant took two-time care of the victim’s face on the left door, and caused an injury, such as the cutting-up of the upper aggregate, the mouth of the mouth, the cutting-up, the cutting-up, the cutting-up, the cutting-up, and the cutting-out, etc. without flooded.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] general injury [Type 1] general injury (special person in prison] - serious injury (type 1 and 4): Aggravation factors: serious injury (type 1 and 4) [the scope of the recommended area and the recommended punishment] increased area, six months to two years (general person in prison] of imprisonment [no reason for suspension of execution of sentence] (no reason for suspension of execution of sentence].

3. Determination of sentence: Six months of imprisonment with prison labor, two years of suspended sentence, and two years of suspended sentence, and if the injury suffered by the victim is not minor, it is disadvantageous that the victim did not agree with the victim;

However, it is recognized that there are favorable circumstances such as the Defendant’s confession of the instant crime, the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the instant crime, and the circumstances after the commission of the instant crime, etc., and there are other favorable factors such as the background of the instant crime, etc.

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