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(영문) 의정부지방법원 고양지원 2020.04.09 2019고단3483
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 46) are as members of the same early axis.

On October 20, 2019, the Defendant took the face of the victim two times with the victim's labing and labing the victim's lab because the victim and the E mobile phone other than the public prosecution were in dispute with the victim due to the return of the victim's mobile phone.

Then, the Defendant considered the victim to be the victim as the “Namsan Park” located in the same Eup/Myeon, and had the victim injured the victim by taking care of the victim’s face from the Defendant’s hand floor again in the Namsan Park again, the Defendant inflicted injury on the victim, including 42 days from her face, such as opportal bones, bones, felllite, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury, and a photo of damaged part of the disease bond;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, probation period, and the same violence and summary order;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service work criminal punishment Article 62-2 of the Criminal Act that the defendant's injury inflicted on the victim is not minor;

The defendant was punished several times due to violent crimes, and in particular, even though he was sentenced to suspended sentence due to the crime of bodily injury upon female life, he again committed the instant bodily injury during the suspended sentence period.

On the other hand, the defendant recognized the crime of this case.

The victim has compensated the victim for the damage and the victim does not want to punish the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.

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