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(영문) 의정부지방법원 2014.07.16 2013고단4574
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 October 2, 2013, at around 23:56, the Defendant, at the entrance of the Fmoto-gun operated by the victim E (the age of 59) in Gyeonggi-do, had a dispute with G, who is the victim’s wife, to enter the said Fmoto-gun, and the victim reported the dispute. The victim was able to kill the Defendant’s breath, and knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne knee knee kne

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of E and G;

1. Each injury diagnosis letter;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to a investigation report (FururherCCTV video screen ray);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] is positive in the basic area (including April to one year and six months) of the first type of bodily injury (special mitigation) [Special Mitigation]: In light of the fact that the victim's injury is serious, the victim's injury (including serious efforts to recover damage) is serious, one time a sentence is imposed in the past, four times a suspended sentence is suspended, and several times of violence are imposed, it should be sentenced to a severe punishment. However, it should be taken into account that the victim led to the confession and reflect of the crime, the victim is not wanting to be punished, the victim does not want to voluntarily attend the trial, the victim is detained for a certain period of time, and the victim has half time after detention, the victim and fighting have occurred, and probation is added to the order to prevent recidivism.

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