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(영문) 의정부지방법원 고양지원 2014.04.03 2013고단1627
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 11, 2013, at around 21:15, the Defendant requested that the “D Game Center” located on the second floor of the Goyang-gu Incheon Metropolitan City building B and operated by the victim C (Nam and 45 years old) be placed in the game room without paying money to the victim, and the Defendant demanded that the Defendant put the victim in the game room. On the front corridor of the game room, the Defendant went beyond the victim’s face at a time when the Defendant took part in the victim’s face by drinking, and again went back to the victim’s face, etc., the Defendant took part in the front corridor of the game room.

As a result, the Defendant put the victim “or on the left side, etc.,” which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to a report on investigation (No. 12 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense, and Article 257 (1) of the Criminal Act selecting a penalty;

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 committed the instant crime even though he/she had the past record of being punished as violent crimes, etc., which is disadvantageous to the defendant.

On the other hand, most of the charges of this case are recognized by the defendant, and the defendant is seeking prior measures, and the victim does not want punishment against the defendant is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and conduct, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to “colind

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