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(영문) 인천지방법원 부천지원 2019.05.28 2019고단58
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 71) are people living in the apartment of the non-cheon-si C apartment D, and the defendant is living in the upper part of the victim's house.

At around 16:05 on Nov. 10, 2018, the Defendant: (a) asked the victim to smoke from the toxic gas at home without any reason; (b) opened the victim’s voice “Isk kn only kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn k

Ultimately, the Defendant assaulted the victim as above, thereby causing injury to the victim, i.e., e., cutting the pellet of the left-hand pelvis, which requires approximately nine weeks of medical treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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. Where the range of recommendation [the range of recommendation] on the sentencing guidelines is range of punishment [the range of recommendation] [the range of punishment] and the range of mitigation area (two to one year and six months] (including special mitigation), the punishment is not granted (including serious efforts to recover damage), or considerable damage is recovered;

2. Determination of sentence: 4 months of imprisonment with prison labor, and 2 years of suspended sentence, that the victim suffered relatively serious injury in need of medical treatment for the victim, or that it is against the defendant's conditions unfavorable to the defendant, or that the defendant lasts late, recognized the crime of this case. The first offender, that the defendant agreed to do so with the victim, etc. shall be considered as favorable to the defendant. In addition, all the sentencing factors specified in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by the order.

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