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(영문) 춘천지방법원 2018.10.25 2018고단772
상해
Text

A defendant shall be punished by imprisonment for 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

On June 27, 2018, the Defendant: (a) around 21:40 on the ground that the victim D (59) located in Gangwon-si, Gangwon-do closed the restaurant on the front of the E cafeteria in front of the E cafeteria, and as a result, the Defendant spit the victim’s face, spits the victim’s body three times, walk the victim’s face, walk the victim’s body three times, and continued to walk the victim’s face, and met with spits and stuffs.

As a result, the defendant suffered from the victim about 2 weeks of treatment, such as gympium and gympium around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the dispatch of an injury to the scene, on-site photographs and violence incidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education are that the Defendant appeared to have committed an offense in this court, and the Defendant appears to have committed an offense, which is favorable to the Defendant.

However, even though the Defendant had been punished by a fine or imprisonment with prison labor on several occasions due to violence, the fact that the Defendant committed the instant bodily injury and the victim wanted to punish the Defendant is disadvantageous to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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