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(영문) 의정부지방법원 2015.09.11 2015고단2127
상해
Text

A defendant shall be punished by imprisonment for six 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 is the apartment resident, and the victim D is the same apartment security guard.

On April 22, 2015, around 01:44, the Defendant: (a) at the parking lot adjacent to the C apartment guard site in Yangju-si, the Defendant brought an injury to the victim, i.e., suffering from an injury to the victim, i.e., an injury to the victim by considering the victim’s face for about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A medical certificate of injury, or a certificate of full-time visit;

1. Application of Acts and subordinate statutes to each field photograph and DNA photograph;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General In the event that a victim is fully responsible for the occurrence of a crime or the expansion of damage (a person under special mitigation and mitigation) and a victim is also responsible for the occurrence of a crime or for the expansion of damage, where the victim has made a serious effort to recover damage or has recovered significant damage for a considerable period of time / Where the serious injury (the first and fourth types) or has repeatedly committed a crime for a considerable period of time, the extent of sentence compared with the highest injury (the first and fourth types) and the recommended sentence: April to 16 (the decision of sentence] imprisonment for six months, suspension of execution, two years, probation, social service, and 120 hours disadvantageous to the victim: The same crime has been committed continuously in spite of three-time protective dispositions and three-time suspension of indictment for the same crime committed by the same kind of violence during the last five years; and the victim has been punished by a three-time suspension of indictment;

(k) favorable circumstances: A reasonable amount (10 million won) has been deposited for the recovery of damage to the victim's own misconduct, the fact that the victim is liable for the occurrence of the crime, and the fact that it appears to be a contingent crime;

The Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc.

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