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(영문) 의정부지방법원 2017.02.10 2016고단5037
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on May 5, 2016, the Defendant, in front of the ticket box “D” located in Yangju-si, was a fighting with other players E, etc., and the Defendant, an employee of the victim F (19 years old), who is an employee of the Defendant’s physical part of the body of the Defendant, left the fighting back and pushed the damaged person into the wall of the fighting site, was pushed down with the victim’s face part of the back head, at the price of the victim’s face part of the 56-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written statement;

1. Each injury diagnosis certificate and opinion;

1. Cut the CCTV screen and applying Acts and subordinate statutes to photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In cases where an intentional injury is committed in the basic area (from April to one year and six months) (special mitigation) of the basic area (special mitigation (special mitigation)) of types 1 (the scope of recommendation punishment) of the category 1 (general injury) on the sentencing guidelines / In cases where an intentional injury is committed on the basis of the sentencing guidelines / serious injury;

2. Circumstances unfavorable to a decision of sentence: The defendant's depth is reflected in the crime of this case, the defendant deposited 2 million won for the victim, the crime of this case seems to have occurred contingently, etc. There are circumstances to consider the circumstances of the crime; the defendant's age, sexual behavior, environment, family relationship, means and result of the crime; and the various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, the means and circumstances after the crime, etc., are considered as follows.

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