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(영문) 청주지방법원 제천지원 2016.07.14 2016고단141

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 29, 2015, the Defendant: (a) around 22:00 on the street in front of Da, and (b) in relation to obstructing the passage of vehicles aboard by the Defendant, the Defendant inflicted injury on the victim, such as d (36 years of age), by making the victim’s body 2 times with left drinking, and making the victim’s face knife two times with right drinking, and exceeding 3 months with right drinking, thereby causing the victim to undergo treatment for about 3 months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (as to CCTV images for the purpose of crime prevention):

1. CCTV images CDs, CCTV images CDs;

1. On-site photographs;

1. Application of Acts and subordinate statutes, such as places of emergency medical services activities, clinical records of emergency medical services, results of examination by departments of visual images, medical certificates, certificates of hospitalization, and records of medical treatment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] and injury (the amount of general injury) in the basic area (the period from April to one year and six months) (the amount of special mitigation (the amount of special mitigation)] / injury (including serious efforts for the recovery of damage) committed during the period of punishment;

3. Determination of sentence: Determination of sentence by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

A confession of the degree of injury and reflects it, the victim does not want the punishment of the defendant, and there is no record of the same crime.