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(영문) 의정부지방법원 2019.09.26 2019고단2567
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 21, 2019, at around 23:26, the Defendant, while drunkly drinking to the victim D (the age of 52) who is not known to the Defendant, she received the victim’s face from the victim without any reason, she taken the victim’s face as head, she took the victim’s head, taken the victim’s face into custody, taken the victim’s face into drinking, taken the victim’s side back beyond the floor, taken the victim’s side back and body into drinking, and added the victim’s side 7, 8, 9, 19, 2, and 42-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of photographs and written diagnosis of injury related to injury;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and six months (the scope of recommendations): General injury area (in general, in April to one year and six months) basic area (special mitigation (in special mitigation)), non-criminal injury (in 1 and four kinds).

3. Determination of sentence: The same sentence as the sentence shall be determined in comprehensive consideration of the conditions of sentencing as shown in the records, such as one year of imprisonment, two years of suspended sentence, and the ages, occupations, character and conduct, family relations of the accused, and circumstances before and after the commission of the crime.

D. Unfavorable circumstances: The defendant has a large number of criminal records including the same criminal power, the circumstances favorable to the victim's serious injury: The confession of the crime of this case and the victim's punishment is not wanting.

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