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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1786

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

At around 10:00 on July 15, 2013, the Defendant reported dynamic images taken on the victim’s cell phone within the residence of 202 Dong 1014 and 1014 (the age of 52) to the victim’s cell phone, and found the victim to have had sexual intercourse with other males, and caused the victim’s back head to the victim’s back head at one time on the ground that the victim had sexual intercourse with other males. On July 16, 2013, when the victim’s body was flicked by drinking and drinking, the victim’s back head was flick at one time on the left eye of the victim’s left eye, and the victim’s body was flicked by drinking and drinking. At around 2 weeks, around 14:00 on July 16, 2013, around 14:5:00 on the left side of the victim’s body, the victim can flick the victim’s body in the place like paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. The first written statement made to C at the police station;

1. Damage photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Reduction elements of general injury (special-saccupier) resulting from violence: Imprisonment with prison labor for not less than four months nor more than one year and six months; and

3. Reduction elements of general injury (special-sponsor) resulting from violence (determination of types): Imprisonment with prison labor for two months to one year; and

4. Results of the final recommendation range, multiple offenses (a/2 of the upper limit of crimes No. 2): Imprisonment with prison labor for not less than four months nor more than two years.

5. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years; and