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(영문) 의정부지방법원 2017.10.18 2016고단4245
상해
Text

A defendant shall be punished by imprisonment with prison labor 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

On April 1, 2016, the Defendant, while drinking alcohol at “F” points located in Spocheon-si E around 01:20 on April 1, 2016, she was punished for the daily conduct and trial expenses of the victim G (28 tax) and became disputing with each other by moving alcohol out of the above main points.

The defendant got the victim's face one time by drinking the victim's face on the ground that the victim himself/herself is trees, and she saw the victim's face over the floor, and took part in the shoulder of the victim's shoulder that he/she has taken over.

As a result, the Defendant inflicted injury on the victim, such as a lock-up of the right dog that requires treatment for about 56 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. Statement made to I by the police;

1. CCTV video CDs;

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

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general scope of injury [the person subject to special sentencing] - The person subject to serious injury - mitigated person: (a) imprisonment with prison labor for four months; (b) for four months; (c) for one year under suspended sentence; and (c) for one year; and (d) for the injury inflicted on the victim; and (c) for the injury inflicted by the victim, the degree of damage inflicted by the suspended sentence of one year; etc., the person subject to suspended sentence shall be determined as above in light of the favorable circumstances that are favorable to the defendant, such as the victim’s desire to take the wife by agreement with the victim.

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