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(영문) 의정부지방법원 2016.05.11 2016고단252
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

The defendant is a neighbor who resides in the upper floor under the same loans as the victim B (27).

On December 22, 2015, the Defendant: (a) around 22:0, 22:00, at the front of the Dongducheon City C, left in the front of the vehicle in front of the victim’s vehicle, and (b) the victim took part in the front of the vehicle in front of the vehicle; (c) when the victim took part in the vehicle’s face with the defective drinking and hand-on of the vehicle, the Defendant laid down a dub that requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant’s legal statement

1. Application of the Acts and subordinate statutes on photographing the suspect B by means of a diagnosis in a protocol of interrogation of the suspect B;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The grounds for sentencing under Articles 25(1)1, 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution [the scope of recommended] No person who does not have a person who has a special sentencing [the period from April to January] in the basic area (the period from April to June) (the special sentencing person] [the sentencing decision] is that the defendant inflicted an injury by assaulting the victim's face part by drinking it, and the criminal liability is not somewhat minor in light of the background of the assault, the part of assault, the degree of injury, etc.

Although there was a history of punishment for several violent crimes, the Defendant assaulted the victim without any particular reason while drinking alcohol.

However, the defendant recognizes his mistake and reflects his mistake.

There is no history of criminal punishment beyond a fine up to now.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, gender, environment, motive, means and result, and circumstances after the crime.

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