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(영문) 의정부지방법원 고양지원 2019.09.26 2019고단442
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. Around 07:00 on January 22, 2019, the Defendant suffered injury to the victim B, while reporting that the victim B (n, 22 years of age) who was satisfyed and D was in front of the building C in Mangdong-gu, Yongsan-gu, Mangdong-si and making it difficult to see that the victim’s back water and left face were satisfyed with the victim’s back water and left face on the floor, and the victim suffered injury to the victim, who was walking on the part of the victim’s right right satisfy, for about three weeks of medical treatment.

2. While the victim suffered a dispute with B at the same time and place as the above paragraph 1, the victim d(22 years of age) spited the victim's face on the ground that the victim d(22 years of age) was spiting the victim's face and took the victim's face on drinking, the victim suffered bodily injury, such as internal spita, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. Each written diagnosis;

1. A victim and on-site photograph;

1. Application of the PTPP legislation

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Crimes 1 (Crime of Inflicting of Injury to Victims B) (Offense of Inflicting of Punishment) (Offense of Bodily Injury to Victims) in general, [Class 1] in general injury [Special Aggravation] in general, serious injury (Special Aggravation of Punishment: Types 1 and 4): In the aggravated area [the scope of recommendation area and recommendation area] in addition, six months to two years;

(b) No secondary crime (crime of Infliction of Injury to Victims D) (Offense of Inflicting of Punishment) No general injury [Type 1] general injury [the scope of a person who is a special person] [the scope of a recommendation field and recommendation] basic area, imprisonment with prison labor for up to April 16 months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to three years of imprisonment (the maximum of crimes No. 2).

3. The defendant shall be sentenced to a sentence;

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