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(영문) 의정부지방법원 2017.08.30 2017고합247
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:30 on March 10, 2017, the Defendant: (a) considered the victim E (24 tax) in front of the D main store located in Jung-si, Jung-si on the ground that he laid off the victim E(24) in front of the D main store; (b) taken a drinking part of the victim’s face; and (c) taken a drinking again into consideration the victim’s head part, back part, face part, and face part by drinking again into the said D, the Defendant saw the victim to undergo treatment for about 14 days, including the victim’s head part, back part, and face part; (d) taken care of about 14 days for the victim; (e) a scopic scopic pathic pathic pathic pathic pathy room of the upper part; (e) a scop

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement protocol with respect to E and G;

1. A medical certificate for each injury, the details of treatment, the place where the first medical examination is recorded, and a report on video reading;

1. Application of each statute on photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment: Imprisonment with prison labor for not more than seven years;

2. Application of the sentencing criteria [the types of determination] violence, Type 1 (General Injury] among general injuries, the basic area of punishment, April to June of imprisonment.

3. Determination of sentence: The Defendant committed the instant crime, such as assaulting the victim and inflicting bodily injury, without any particular reason, despite his/her past record of punishment for the same kind of crime, for four months of imprisonment, and for one year of suspended sentence, is disadvantageous to the Defendant.

On the other hand, there is no criminal punishment of the suspension of qualification or heavier punishment against the defendant, the injury suffered by the victim is relatively heavy, and the defendant is merely a minor adult who has passed the side of the juvenile.

The records and arguments of this case, such as the above circumstances and the character, conduct, age, environment, motive and background of the crime, circumstances after the crime, and attitude in this court, etc.

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