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전주지방법원 군산지원 2019.03.13 2018고단1364
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 between the victim B (n, 28 years of age) and the victim.

At around 02:50 on November 2, 2018, the Defendant, without any justifiable reason, expressed that “I am under the influence of alcohol in front of the Docker in Dorasan City, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of the victim’s head, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of the Acts and subordinate statutes to five photographs, each written diagnosis, and 11 photographs; and

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's act of assaulting and injuring the victim on the road without any reason under the influence of alcohol is very bad in the nature of the crime, and the defendant should be punished strictly.

However, the fact that the defendant repents and reflects the defendant's wrong, that the defendant has no record of committing the same kind of crime, and that the victim does not want the punishment against the defendant by agreement with the victim is a favorable condition.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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