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(영문) 대전지방법원 천안지원 2018.05.25 2018고단44
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 20:40 on July 13, 2017, the Defendant: (a) around the D cafeteria located in Asan City, on the ground that the victim E (41 tax) was cut to the front of the F in front of the D cafeteria in the vicinity of the Defendant’s drive, and (b) the Defendant’s body body led the victim to the Defendant’s left hand, at the price of the victim’s right part of the victim’s left hand, and went beyond the land to the victim, thereby causing injury to the victim, such as a thring of the ceiling, which requires treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness E;

1. A written diagnosis of injury;

1. On-site video images;

1. Application of statutes on field photographs;

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the victim is fully responsible for the occurrence of a crime even though he/she commits a crime according to the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury, type 1 (general injury) [the person subject to special mitigation] [the scope of the recommended punishment], the area subject to mitigation of the punishment, and not less

2. The sentence shall not include the degree of injury suffered by a victim determined to be sentenced;

Prior to the instant case, the Defendant had a record of criminal punishment several times, and among them, includes the record of criminal punishment of fines three times for the same crime.

Even after a considerable time has elapsed since the occurrence of the instant case, the damage suffered by the victim is not recovered.

However, the defendant recognizes his wrongness.

The defendant, who has been in dispute with the victim, was physically and physically aware of the victim's face as stated in the facts of the crime in his judgment, and when the victim was drinking as stated in the facts of the crime in his judgment. Therefore, the victim also has considerable responsibility for the occurrence of the crime in this case.

The defendant.

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