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(영문) 의정부지방법원 2017.11.09 2017고단3622
상해
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15:00 on July 7, 2017, the Defendant would bring about food to the residents who reside in the third floor of the damaged person who was drinking together with the victim C (the age of 65) before the apartment sperm in the third complex of the village of 251 sub-ro 15:00, an apartment 3,000 apartment sperm.

The victim had been collected with plastic contact containing the defective food, and the above contact with the wall and caused the victim's outbreak, etc. to be able to receive approximately four weeks of medical treatment. The victim was able to receive approximately 4 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A report on investigation (in cases of attaching photographs), earthing photographs, and photographs;

1. A report on investigation (a statement by a wooden phone);

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The basic area of the recommended punishment [the scope of the recommended punishment] the scope of the recommended punishment [the types of determination on the recommended punishment] general injury to violence [the scope of general injury] [the scope of the recommended punishment] [the scope of the recommended punishment] from four months to one year and six months.

3. In light of the content and result of the instant crime, the Defendant was unable to receive a letter of punishment from the injured party.

However, the defendant is generally aware of his fault and reflects his fault.

There is no criminal offense against a defendant who has been punished by a fine exceeding the last twenty years.

The defendant is aged 73 years old and healthy.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines, comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, method and mode of crime, and circumstances before and after the crime.

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