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(영문) 청주지방법원 제천지원 2014.04.03 2013고단958

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 03:50 on October 16, 2013, the Defendant got a call from the victim E (the 45-year-old) about the Defendant’s desire to d restaurant in front of the D restaurant located in the Chungcheongnamyang-gun C, and had the victim take a call from the victim E (the 45-year-old-old-old-gun), and the victim called “I Ra where I are in the D restaurant, I Ra,” and the victim saw the part of the victim’s son with the victim’s own hand at one time, when I am back the part of the victim’s son, and twice the part of the victim’s entrance by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, sentencing guidelines for sentencing choice of imprisonment [the decision of type] general injury, type 1 [the scope of recommending punishment] mitigation area: Imprisonment with prison labor for one month from January to one year [the minimum limit of sentence due to the existence of two special mitigations only (insignificant injury and non-existence of punishment)] imposed on the defendant who has been sentenced to a fine for the same kind of crime during the suspension period, and was sentenced to a punishment for one time for the same crime during the suspension period, and thus, the defendant has committed the same kind of crime during the suspension period, so the defendant shall be sentenced to a punishment.

However, in consideration of all the sentencing conditions, such as the fact that the defendant confessions all the crimes of this case and reflects them, that the victim does not want the punishment of the defendant, and that the suspension of execution is revoked and suspended imprisonment (one year and six months) is to live as a result of the crime of this case, etc., the punishment shall be determined as ordered.