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(영문) 의정부지방법원 2015.07.10 2014고단4284
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 October 5, 2014, the Defendant: (a) around 09:00, at a D farm located in Scheon-si C, talked with usual E, etc. and talked about drinking; (b) on the ground that the victim F (the age of 57) was frightening to talk, the victim’s neck was pushed down on his hand; (c) continued to be boomed twice the victim’s blick with the victim’s bath defect; (d) on the part of drinking, the victim’s face was flicked for about 4 weeks; and (e) when the victim G was flick with the victim’s face, the victim G was able to flick the victim’s face with his horse, and was flicked for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, Type 1 Crimes [Scope of Recommendation] General Injury [The scope of Recommendation] and Type 2 Crimes without No Basic Field (Ap. 4-1 and 6 months) (A. 1-1 year), Special Mitigation Zone (A. 1-1 year) (A. 1-4 year), and the final sentenced range of punishment due to a minor injury (a. 1-4 year) and a minor aggravated punishment: From April to 2 years [Pronouncement Decision]; 6 months of imprisonment; 2 years of suspended sentence; 160 hours of community service: A person again commits each injury of this case regardless of 30 times or more; 30 times of violent records related to the crime; the fact that there was no agreement with the victim F; and that the injury suffered by the victim F is less favorable: The defendant recognizes all the crimes of this case; the victim and G. 3 suffered injury; and the victim agreed with G.

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