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(영문) 의정부지방법원 2019.01.16 2018고단4957
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 and the victim B(62 years of age) and the victim C(66 years of age) are those who work in the same construction site.

1. On October 22, 2018, the Defendant, at around 00:25, 2018, took a view of the victim B’s face, after hearing the victim’s words “the victim is unable to perform his/her duties in a large amount of drinking,” among the E housing used as a lodging room in the construction site D, including the victim B, etc., at the construction site of the victim B, while drinking alcohol, he/she suffered injury, such as the victim’s face when taking the victim’s face, by asking the victim with his/her own back to the left side of the victim’s body and the left and left arms, respectively, for about three weeks of treatment.

2. The Defendant committed the crime against the victim C (special injury) at the date and time, place, as described in paragraph (1) of this Article, and the Defendant, who assaults the above B, raised the victim C’s horses, boomed the victim, which is a dangerous object on the floor, and displayed the victim toward the victim. The victim, who gets the victim to knife the above ab by hand, carried the victim’s left hand over the days of treatment by scaming the above abundance and shaking the above abundance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, C, and F;

1. Application of investigation report (such as attachment of a medical certificate), injury medical certificate, and damaged photographic statutes;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Crimes No. 1 for the reason of sentencing under Article 62-2 of the Criminal Act for probation and community service order, and crimes No. 2 for which the basic area (6-2 years) (6-2 years) of category 1 (special injury and repeated crime) is nonexistent (the scope of recommendations).

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