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(영문) 의정부지방법원 고양지원 2019.06.14 2019고단937
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 12, 2018, around 00:06, the Defendant discovered the amount of DNA car of the victim C (the age of 40) parked on the street located in Yongsan-gu, Yongsan-gu, Mangsan-si, and called the victim. The victim is waiting for an acting engineer, and the victim is waiting for the acting engineer, and the face part of the victim's face part of the victim's waiting to open the front door and to get off the vehicle and get off the vehicle. The victim was 4 times as a drinking, and the victim was knicked by his hand, and the victim was knicked by his hand.

Accordingly, the defendant suffered damage to the victim's reputation that needs to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Investigation report (verification of the fact of damage);

1. A medical certificate of injury (No. 8 No. 5 of evidence list);

1. Application of the Acts and subordinate statutes, such as photographs, etc. taken of the victim's assaulted parts;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation and recommendation] shall be the basic area (the scope of recommendation area and recommendation range], four months to one year and six months.

3. The Defendant, who was sentenced to sentence, committed the instant crime again even though he had had had been punished several times for the same kind of crime.

It has not been able to recover damage and has not been taken any measures to recover damage.

On the other hand, the degree of injury suffered by the victim is not obvious.

There is no record of the punishment heavier than the fine imposed on the defendant.

In light of the above circumstances and other factors of sentencing, such as the defendant's age, character and conduct, environment, family relationship, health status, motive of the crime, means and result of the crime, and the circumstances after the crime.

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