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(영문) 의정부지방법원 2014.10.22 2014고단1237
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

On April 6, 2014, the Defendant: (a) around 04:30 on the 04:30, when the Defendant was boarding a D taxi driven by the victim C as a passenger, and was going to a destination, on April 6, 2014, around 05:40 on April 6, 2014; (b) went to a nearby drinking house E, and (c) returned to the said taxi after closing the drinking house.

Then, the defendant suggested that the victim would drink alcohol more to the victim in the above taxi, and see the victim's face at one time from the victim's own drinking, and the victim saw the victim's face from the victim's own drinking, and he saw the victim's seat at one time in the defective taxi while the victim gets back from the taxi to the knife the victim's seat from the knife at one time in the knife, and the victim saw the victim's body from the hand knife's knife with the hand knife's body by the shock knife's shock, etc., the victim saw about three weeks on the left side side side of the knife that needs to be treated.

Summary of Evidence

1. Legal statement of witness F;

1. Police investigation report (a statement to the effect that the defendant reversed his/her statement on the part of his/her her breath alcohol and was not able to find a trace of assault on the part of his/her breath violence];

1. Police investigation report (Attachment, etc. of an injury diagnosis report) and a medical certificate for injury;

1. The application of the law to the victim's photograph [the above facts constituting the crime are sufficiently recognized, in full view of the above evidence, including the testimony of the credibility witness F, although the defendant and the defense counsel disputed the assault facts.]

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of recommending sentence] general injury (the general injury) shall be the basic area (4 months to one year and six months) (no special person) and the range of sentence compared with recommended sentences: April to one year and six months (the decision of sentence]. The period of sentence shall be 6 months from April to one year and six months, and the period of suspended sentence shall be 2 years.

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