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(영문) 의정부지방법원 고양지원 2019.08.23 2019고단539
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

At around 12:30 on January 5, 2019, the Defendant inflicted injury on the victim C (the 25 years of age) who is a job partner in drinking alcohol together and the victim's face, etc. due to drinking and sprinking several times, and the victim suffered injury on the left side of the safe side where treatment for about 56 days is required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the victim C standing photographs, and the Acts and subordinate statutes of photograph of the victim;

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. Extent of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person in a form): Reduction element of punishment: serious injury (the area of recommendation and recommendation range], basic area [the scope of recommendation range and recommendation range], four months to one year and six months.

3. Even though the Defendant had been sentenced to punishment for the same kind of crime (two times a fine), he again committed the instant crime, and in light of the damaged part and the degree of injury suffered by the victim, the Defendant is not subject to the punishment for such crime.

On the other hand, it is against the defendant's wrong recognition, and efforts are made to recover damage by paying 30 million won to the victim, and the victim is seeking the wife against the defendant by smoothly mutual consent with the victim.

The sentence as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after the crime.

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