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(영문) 의정부지방법원 2016.10.28 2016고단2421
상해
Text

A defendant shall be punished by imprisonment for 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

At around 10:20 on May 16, 2016, the Defendant, in front of the “D” restaurant located in Gyeonggi-gu, Gyeonggi-do, D, and the victim E (the 60-year-year-old-year-old-year-old-old-based-based-level-based-based-level-based-based-level-based-level-based-based-level-based-based-level-based-level-based-based-based-based-level-based-based-based-level-based-

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A complaint;

1. The written diagnosis of injury (the defendant and his defense counsel recognized the fact that the defendant used the victim's assault, but there was no intention to inflict the victim's injury at the time of committing the crime of this case, and there was no causal relationship between the defendant's assault and the result of the victim's injury. The victim consistently from the investigation agency to this court, the defendant stated from the investigation agency to the defendant that he would have been dead at the time of committing the crime of this case, and the contents of the victim's injury also occurred in the light, that is, the victim's bodily part, the body part of the defendant's assault, and the defendant could have sufficiently predicted the situation that the victim may inflict the victim's injury at the time of committing the crime of this case, and the causal relationship between the defendant's act of assault and the result of the victim's injury can also be recognized. Thus, the defendant and his defense counsel's assertion cannot be accepted.)

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] general injury [the scope of recommending punishment] and the basic area (4 to 1 year and 6 months) (no special person] [the decision of sentence] of the same kind is already identical to the defendant several times.

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