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(영문) 의정부지방법원 고양지원 2018.07.06 2018고단241
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2017, the Defendant: (a) around the Felth 21, 03:10, around the Gyeyang-gu Felth Movement Organization in Gyeyang-gu E, Seoyang-gu; (b) on the ground that the Defendant changed the Defendant to the toilets in which the victim D (18 years of age) was gathered and gathered, and then, (c) on the face of the victim two times in drinking, and (d) suffered injury, such as the flasing so that the victim needs to receive medical treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing of Article 32(1)1 and 32 subparag. 3 and Article 25 subparag. 3 subparag. 3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the application for compensation of this case does not contain any evidence of statutory power of attorney, and application for compensation is not lawful because the signature and seal of the applicant for compensation and the legal representative are omitted, and the application for compensation is not legitimate, as the data submitted by the applicant for compensation alone is not clear in the scope of liability for compensation, and thus, it

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Where the sentencing criteria are applied [the scope of recommended punishment] and the mitigated area (two months to one year), the penalty is not imposed (including serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (two months to one year), or considerable damage has been reduced;

3. The Defendant, who has no record of criminal punishment, is the first offender with no record of criminal punishment, and is against his/her will to recognize his/her mistake.

Under the agreement with the victim, the injured party has not been punished for the defendant.

However, it is not good that the crime of this case was committed by the injured person in consideration of the injured person's age for the reason that the injured person was harming the defendant, and there is no reason to consider in all the motive of the crime.

In addition, the crime of this case is committed.

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