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(영문) 의정부지방법원 2017.08.02 2017고단2671
상해등
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 two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On January 15, 2017, the Defendant: (a) around 01:33, in the Namyang-si, Gyeonggi-do, 5214-dong Underground Parking Lots, and (b) was under the influence of alcohol on the floor of the parking lot; (c) was frightened by the victim D(55 years old) with the cryping and spathing the victim’s breath; and (d) took over the victim’s body, the Defendant inflicted an injury on the victim, such as the Plaintiff’s breathing of the booming part of the shoulder that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Each description in the report(s) of generation, investigation report, field photo, diagnosis report, investigation report(CCTV 2 secondary analysis) and the application of video-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] Imprisonment with prison labor for not more than seven years] [the type of general injury (person subject to special sentencing] among the violent crime groups] Class 1 of the general injury (the person subject to special sentencing] mitigation area: Non-applicable amount of punishment [the scope of recommended punishment] mitigation area: From February to April [the decision of sentence] sentenced to imprisonment with prison labor for not more than one year and four months, the degree of injury inflicted on the victim by the defendant for four years of probation

However, the defendant is sentenced to imprisonment with prison labor in consideration of the fact that the defendant is living against the confession of the crime, there is no criminal record of the same kind or the suspension of execution, and the victim does not want the punishment by agreement with the victim, but the execution of the sentence shall be suspended.

Rejection of Public Prosecution

1. Of the facts charged in the instant case, the Defendant assaulted the victim, on January 15, 2017, the following: (a) around 01:3, the Defendant: (b) around the Namyang-si, Gyeonggi-do, 5214 underground parking lots; (c) the victim E (V, 51 years old); and (d) the victim E (her husband), who is the husband of this case, assaulted the victim, such as flabing and smugglinging the flas

2. We examine the judgment, and the facts charged are as follows: Article 260(1) of the Criminal Act.

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