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(영문) 대전지방법원 2020.01.22 2019고단3865
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2019, the Defendant: (a) around 22:15, around 5 in the Seo-gu Daejeon, Seo-gu, Daejeon: (b) on July 20, 2019, had the victim D (56 years of age) bear half of the costs of singing, but did not pay the victim the costs that the victim would bear. (c) on the part of the victim’s face and the part of the bones of the face of the victim. (d) At the same time, the Defendant took part in the finger floor and drinking around the above Cnonoby, and then, (e) had the victim’s face at least four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

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. Although there are favorable circumstances, such as the violation of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of injury is not easy from the victim.

The defendant had previously been punished twice as a vision in the drinking place, and has been subject to a disposition of suspension of indictment once.

Nevertheless, since the same mistake is repeated, it is necessary to strictly monitor it, a suspended sentence shall be sentenced, and community service shall be imposed.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances that constitute the conditions for sentencing as shown in the argument of this case shall be determined as per the disposition in consideration of the records and circumstances.

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