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(영문) 의정부지방법원 2017.02.22 2016고단4619
상해
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant did not have a good appraisal on the grounds that the injured party was his wife and her rights with the victim B(38) and the postship of society.

At around 00:30 on January 15, 2015, the Defendant sought the Defendant’s wife from the “D” Chinese house located in Gui-si, Gui-si around 00:0 on January 15, 2015, the Defendant saw the victim’s walker, “packer,” saw the victim’s face side into drinking times, taken a part of the victim’s body on a hand, taken a part of the victim’s body used on the floor, taken a part of the victim’s body, and 182-day medical treatment for approximately 182 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each injury diagnosis letter;

1. Each investigation report (in relation to the victim's mother's statement, a copy of the investigation-medical records, a copy of the medical records, and the details of medical care benefits) (the defendant asserts to the effect that he/she was in a mental and physical state, such as being under the influence of alcohol at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] is the basic area (Article 1(1) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 1) (Article 1-1 and 6). [Special mitigated (Article 1-4)] The injury (Article 1-4) is the injury (Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes).

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