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(영문) 의정부지방법원 2018.11.16 2018고단3279
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 20, 2018, at around 01:40, the Defendant: (a) heard the victim D (20 taxes) who had drinking together the horses “Ig and sick” from the victim D (20) who had drinking together; (b) went beyond the victim’s face due to drinking; (c) went through the victim’s bridge; and (d) went beyond the victim’s face; and (c) inflicted an injury upon the victim, when taking the face of the victim going beyond drinking and launching, he was unable to know the number of days of treatment, such as the victim’s coconcing the cry and drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

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

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 under Article 62-2 of the Criminal Act of the community service order;

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

2. Application of the sentencing criteria [the types of decisions] violent crimes, general bodily injury, and general injury (type 1] (the scope of recommended punishment]: Imprisonment with prison labor for April to one year and six months (basic area);

3. Imprisonment with prison labor shall be selected, taking into consideration the fact that the nature of the crime is not good in light of the details of the instant injury and the fact that the relevant injury was not received from the injured person.

However, in full view of the facts that the defendant led to the crime of this case, the fact that there was no record of the crime before the crime of this case, and other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.

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