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(영문) 청주지방법원영동지원 2020.12.03 2020고단180
상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2020, at around 22:20, the Defendant inflicted injury on the victim D (Nam, 59 years of age) who fess the right side of the victim due to drinking that the Defendant fess the victim's left side, fess the victim's fess the side, and fess the victim's fess the victim's fess the floor and fess the victim's fess the two main face of the victim's right side, and fess the victim's fessp, which require five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has a punishment): Reduction element: Where a person has failed to punish him/her (including serious efforts to recover damage) or has recovered from considerable damage: serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], four months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for two years, and community service for 40 hours, the crime of this case is deemed to inflict an injury on the victim unilaterally by the defendant, who is a vessel of high speed, and the nature of the crime is bad;

The degree of injury suffered by the victim is heavy due to the crime of this case, and there was a big risk to the life and body of the victim.

However, the defendant recognized the crime of this case, and the victim does not want the punishment of the defendant by mutual consent with the victim.

Defendant has no record of punishment for the same kind of crime.

In addition, the defendant's age;

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