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(영문) 춘천지방법원 원주지원 2016.10.25 2016고단761
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

At around 04:30 on May 3, 2016, the Defendant discovered that there was a dispute between the victim D(32 years of age, female, and female) and the victim E (46 years of age, in the “C” parking lot located in Won-si, Won-si, and found the victim D’s face, the face of the victim D due to drinking and spathing, the face of the victim D’s body back, and the face damage, etc. were inflicted on the victim D for about four weeks of treatment, and the victim E continued to restrain the defendant, and the victim E continued to remove the victim E from the victim’s chest, and put the victim knee in need of the victim’s treatment for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Report on the occurrence of the case;

1. Each written diagnosis;

1. Photographs of each damaged part;

1. Application of CCTV CD-related Acts and subordinate statutes;

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

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

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

1. Crimes 1 (Scope of Recommendation) General bodily injury: Type 1 (Bodily Injury), the basic area ( April to January 1) (special person) (special person) is nonexistent;

2. Type 1 (Inflicting in General) and the basic area (from April to one year and six months) of the second offense (a person who has been specially punished).

3. The scope of final sentence due to the aggravation of multiple offenses: four months to two years.

4. Determination of sentence: Imprisonment with prison labor for 6 months, and 2 years of suspended sentence, the Defendant assaulted the victim D without any particular reason, and assaulted the victim E in excess of the victim E;

(A) The Defendant asserts that the aforementioned assault was committed in the course of the victim’s fighting, but CCTV images, the Defendant immediately committed a fake assault to the victim D, and later, the Defendant appears to have called the victim E with his body fighting. The Defendant’s assault, resulting in the Defendant’s assault, provides approximately four weeks of treatment, such as soon as possible.

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