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(영문) 의정부지방법원고양지원 2020.11.11 2020고단1908
상해등
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

around 09:00 on April 1, 2020, the Defendant injured the victim's face with drinking and hand-to- hand, which requires treatment for up to 21 days, in order to compensate the victim's face. The Defendant injured the victim's b1-day 21 days of drinking and hand-to- hand.

The Defendant is a person subject to the call-up to social work personnel service.

A person who has received a call-up notice to social work personnel shall not comply with the call-up within three days from the date of call-up without justifiable grounds.

On June 26, 2020, the Defendant did not respond to the call within three days from the date of call, without justifiable grounds, even though he received a notice of convening the first service of social work personnel (pre-service date: July 17, 2020; service institution Seoul Headquarters) in the name of the Gyeonggi-gu Military Manpower Branch Office (pre-service date: July 17, 2020; the service institution) through the mother F.

Summary of Evidence

"200 Highest 1908"

1. Defendant's legal statement;

1. Each police protocol of statement with respect to C: "20 Highest 2207" each injury diagnosis report (the victim's part against whom damage was inflicted and the confirmation of the content of Stockholmation);

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation report (receiving a notice of call-up) on call-up for social work personnel;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 88 (1) 2 of the Military Service Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of bodily injury (determination of types) committed by violence: General injury [Class 1] by general injury [Special Contributor] by general person: Reduction element of punishment [the area of recommendation and recommendation range] mitigation range, two months to ten months of imprisonment;

B. Violation of the Military Service Act (an offense for which the sentencing criteria are not set).

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