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(영문) 춘천지방법원속초지원 2020.10.28 2019고단381
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 03:48 on February 12, 2019, the Defendant used both sides of the victim on the floor in drinking, on the ground that he/she was aware of the victim D(19 years of age) in front of the C convenience point located at the Seocho-si B. Around 03:48, on the ground that he/she was aware of the victim D(19 years of age).

As a result, the Defendant inflicted an injury on the part of the victim on the thrings and the thrings of the thrings and the thrings of the thrings of the thrings of the 6 weeks or more.

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant E in court statements, and D;

1. The police statements made by the F and G, injuries to each police officer's statement, images of the H cafeteria CCTV to cut off the H cafeteria and his/her photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The punishment as ordered shall be determined in consideration of the overall sentencing conditions, such as the circumstances under the reason of sentencing under Article 62-2 of the Social Service Order Act, the age of the accused, and the background of the crime.

The defendant's mistake is recognized as a favorable circumstance.

In agreement with the victim, the victim shall not be punished by the defendant.

Unfavorable circumstances: The defendant committed the same kind of crime even though he/she had been sentenced to a fine twice due to the same crime.

The degree of injury suffered by the victim is not easy.

Public Prosecution Rejection Parts

1. The Defendant, at around 03:48 on February 12, 2019, abused the face of D at each time when he/she took the face of the victim at each time during a dispute, on the ground that he/she got D, etc. in front of the convenience point in C, which is located in C, Young-si B. On February 12, 2019, and the victim F (the age of 19) assaulted the victim by taking the victim’s face at each time.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and Article 260(3) of the Criminal Act.

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