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(영문) 의정부지방법원 2018.10.25 2018고단2679
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On April 16, 2018, Defendant A, at the Government-si 02:35, smoked tobacco in the “D” smoking room located on the floor C and D, and Defendant A, aware of the victim E (n.e., 19) who has smoked in the same place, and his/her driving and drinking desire to take one another’s desire, was punished for Si expenses, and Defendant A, upon considering the face of the above victim due to drinking and drinking, inflicted injury on the victim, including the victim’s 4 weeks of treatment, and the mouth, etc.

2. Defendant B, as the land of the above E, went to the above place where A intends to assault E as seen above at the time of the day specified in the above paragraph 1, and went to the above place where A was able to speak, and the victim F (22 tax) was unable to attach himself and left to the floor because the victim was her hand and was on the floor by her hand, and thus, when he fell to the floor, the victim suffered bodily injury, such as a breathing of the body frame, etc. which requires treatment for about 42 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act (the choice of imprisonment)

B. Defendant B: Articles 262, 260(1), and 257(1) of the Criminal Act (the choice of imprisonment)

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

1. Defendant B of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: One month to seven years of imprisonment; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Defendant A: Imprisonment with prison labor for two months to one year (the scope of recommended punishment) where the mitigation area (two months to one year), the mitigation area (including special mitigation persons), the punishment non-wons (including serious efforts for recovery of damage), or considerable damage has been recovered;

B. Defendant B: Harm (2 and 4 types) serious in the aggravated area (six months to three years) of the two types of assault crimes (in the case of assault and bodily injury) from six months to three years of imprisonment (in the case of a person who has been specially increased)

3. Determination of sentence;

A. Defendant A: Imprisonment with prison labor for six months.

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