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(영문) 의정부지방법원 고양지원 2021.02.04 2020고단3123
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 27, 2020, the Defendant: (a) opened a door of the said taxi in the state of drinking to the taxi of the victim B (57 aged) who stops at the taxi stops located in front of the exit-gu 1575 YY, Seo-gu, Seo-gu, Busan, Seoyang-gu, Seoyang-gu, 23:35 on April 27, 2020; (b) opened the door of the said taxi; and (c) laid down the pit as soon as possible to the victim.

“The victim’s face of the said taxi is considered to be “,” and the victim’s face of the said taxi was taken once a week, and the victim was taken one time by walking the body part of the victim’s body once, and then the victim was injured by the victim, by walking the face part of the victim several times, and then the victim was in need of medical treatment for about 21 days, such as a sobridge.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement No. B of the victim's photographic photo, internal investigation report (for reporting person's telephone - stamper's statement), internal investigation report (for reporting person's telephone C telephone), injury diagnosis report, and injury diagnosis report taken at the police's statement No. 10

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the degree of time when the defendant was the victim is not somewhat weak.

The injured party failed to receive a letter from the injured party, and the injured party wanted to have a strict punishment for the accused.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

There is no record that the defendant has been punished due to violent crimes, and there is no record of punishment exceeding a fine.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

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