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(영문) 의정부지방법원 2017.10.11 2017고단1439
폭행치상
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2014, the defendant was sentenced to a summary order of two million won for the crime of bodily injury by the District Court of Jung-gu on April 17, 201, and the criminal records of the same violence are more than 12 times.

At around 00:10 on March 4, 2017, the Defendant got a large drinking value in the “Ding place” operated by the Victim C (Inn, 58 years of age) and brought a claim against the victim, the Defendant was suffering from the head column where the Defendant was unable to identify the number of days of treatment because the glass cup was in line with the victim’s back wall, and the glass cup was in line with the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A damaged photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment);

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service order, the victim of the crime of this case did not want the punishment against the defendant immediately after the case.

A diagnosis was not submitted even by suffering the source of the head.

Nevertheless, the crime of this case is very dangerous and violent and thus requires strict punishment.

Prior to the instant case, the Defendant was already subject to criminal punishment several times, such as prior convictions in relation to violence.

However, the previous crimes are relatively old, and there has been no sentence of suspension of execution or heavier punishment for the last 15 years.

In addition, in consideration of the defendant's age, sex, environment, attitude before and after the crime, etc., the sentencing guidelines is recommended in February -1 year and June, which is the mitigation area of the injury caused by violence.

Punishment shall be determined as ordered by the text.

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