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(영문) 의정부지방법원 고양지원 2017.06.22 2017고단798
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 10, 2017, around 21:55, the Defendant suffered injury, such as a brush, etc., that requires treatment for about 28 days to the victim by making the face of the victim one time in a dispute between the victim E and the workplace, who is a partner of the workplace, on the road of "D," located in Seo-gu, Busan, Seo-gu, Busan, as a matter of business sharing between the victim E and the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] is the ground for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] (2 months to one year), the mitigation area (2 months to one year), the punishment of a person who is not subject to special mitigation [including efforts to recover damage], or considerable damage has been recovered (the decision of sentence], the defendant has a criminal record related to violence.

Nevertheless, the crime of this case was committed again.

The degree of injury of the victim is not easy, and the victim suffers from the injury that requires continuous medical treatment in the future.

However, the defendant is against the defendant, and the injured person does not want the punishment of the defendant by agreement with the victim.

In addition, the defendant's age, sex, environment, family relationship, process and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions identified in the process of the trial shall be determined as ordered in consideration of the records of this case and all the sentencing conditions.

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