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(영문) 광주지방법원 목포지원 2020.05.08 2019고단889

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2019, the Defendant: (a) around 19:35 on March 10, 2019, to the victim B (the 54 years of age) at a restaurant located in Yong-Namnam Cancer C, the Defendant: (b) incurred injury to the victim, i.e., an unfringing the victim’s face, which requires approximately four weeks of medical treatment, by charging City expenses from Youngamam.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Articles 32 (1) 3 and 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits of Dismissal of Application for Compensation (which was agreed and the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal procedure);

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including the fact that the defendant acknowledges and speaks against the defendant, and the fact that the victim does not want the punishment because he/she agreed smoothly with the victim, etc.);