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(영문) 청주지방법원 영동지원 2019.02.20 2018고합32
중상해
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

On July 11, 2018, at around 21:20, the Defendant, in the “C” restaurant located in the Chungcheongbuk-gun B, Chungcheongnam-do, and in the course of drinking with the victim D (at least 50 years of age) and drinking with his/her friendship, he/she was subject to violence against the victim.

The Defendant left the cell phone of the Defendant, which was cited by his hand, led to the victim, and the cell phone was in line with the left eye of the victim, and thereby, caused the victim to suffer bodily injury, such as inside the victim, thereby making the victim under the real name of the left side of the victim.

In this respect, the defendant injured the victim and caused the victim to be imprisoned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, and H;

1. On-site photographs;

1. Each medical certificate, injury medical certificate, registration of persons with disabilities, and the application of statutes to a service application;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Reduction elements of punishment (including serious injury to a person who has been specially punished): Reduction area of punishment (including the area of recommendation and the scope of recommendation), reduction area, reduction area of imprisonment with labor for not less than six months but not more than one year and not more than six months;

3. Determination of sentence [Incompetence] of the instant crime is that the Defendant was cell phoneed by the victim and inflicted an injury under the real name of the victim, and its nature is poor in light of the content and method of the crime, the degree of injury inflicted on the victim, etc.

[Ligue circumstances] The defendant committed the crime of this case and repented his mistake.

The defendant is under the influence of alcohol with a victim who is friendly.

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