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(영문) 의정부지방법원 고양지원 2015.01.22 2014고단331
상해
Text

A defendant shall be punished by imprisonment for up to seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 17:00 on October 29, 2013, the Defendant, at the meeting of the “D” factory operated by the Defendant, and on the ground that the Defendant did not repay the money borrowed by the Victim E (E and 54 years old) at the office of “D” factory operated by the Defendant, the Defendant suffered bodily injury of the victim, i.e., the victim’s face, side gum, traw, and traw with the victim’s chest by drinking and walking the victim’s chests at a number of times, and tacks the victim’s chests, and the victim sustained approximately five weeks of medical treatment.

Summary of Evidence

1. Legal statements from witnesses E and F;

2. Voluntary reports and investigation reports (No. 17 No. 5 of the evidence list);

3. Application of the Acts and subordinate statutes to the medical certificate of injury and inquiry reply;

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

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

3. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant who committed violence to the victim and sustained serious bodily injury is an element of sentencing unfavorable to the defendant.

On the other hand, according to the fact that the victim does not pay 16 million won, there are parts to be taken into account the motive and circumstances of the crime, such as leading to the crime of this case, and there are no records of the crime, etc., which are favorable to the defendant.

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

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