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(영문) 춘천지방법원 영월지원 2020.05.19 2020고단53
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:32 on January 21, 2020, the Defendant, within the main point of "C" located in Thai City B, on the ground that the victim D (the age of 41) who is a part of society, was under the influence of alcohol and continued to walk and speak against the Defendant, was found to have been suffering from the victim's left side of the victim on two occasions due to the loss, and caused the victim's injury, such as the damage to the left Cheongsung which requires treatment for 28 days due to the loss of the victim's left hand, and the disorder of the full-time function of unknown information, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on diagnostic certificates and CCTV photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. The Defendant, at the time of the death of the victim, sustained injuries, such as damage to Cheongnealsis or impairment of the detailed breameral function of the victim, in light of the victim’s boom.

Although the degree of injury of the victim is severe, the damage was recovered or the victim was not able to receive from the victim.

Furthermore, the defendant has been punished twice for the same crime of injury.

However, taking into account the fact that the defendant shows a reflective appearance by recognizing the crime, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case.

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