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(영문) 청주지방법원 2017.08.23 2017고단793
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 1, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution, and the judgment became final and conclusive on June 9, 2017.

[Criminal facts]

A. On March 10, 2016, at around 15:40, the Defendant: (a) inflicted an injury on the victim, who is the mother of the Defendant in Cheongju-si, Cheongju-si, and was drunk in the “D” restaurant that works as the head of this State; (b) provided a bath to female employees; and (c) provided the victim’s face, she would put the victim’s bones and bones into drinking; and (d) provided the victim with an injury on the number of days of treatment.

B. The Defendant, at the time, at the time, at the place specified in paragraph 1, followed C, such as paragraph 1, followed by the victim E (the 55 years old age), the employee of the above restaurant, the victim F (the 53 years old age), and the victim E (the 53 years old age), was flicking the Defendant’s face by drinking the horses, and continued to flick the victim’s left hand.

As a result, the Defendant inflicted an injury on the victim E, such as a chrode, which requires two-day medical treatment, and inflicted an injury on the victim F, such as a left chrode, which requires two-day medical treatment.

Summary of Evidence

A previous conviction in the judgment of the defendant's legal statement C, E, or F's written diagnosis of damage to police statements: Application of a reply to inquiry, such as criminal history, and application of the Act and subordinate statutes to investigation reports (a confirmation during the appellate court's trial

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

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed an injury even though he/she had a majority of criminal records of violence, and that the victims wish to be punished is an unfavorable sentencing factor.

However, it shall be considered as a factor for sentencing favorable to the fact that the defendant reflects the mistakes, the fact that 4 million won was deposited for the victims, and the age and age of the defendant.

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