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(영문) 대전지방법원 논산지원 2014.02.11 2013고단398

상해

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 16:00 on August 6, 2013, the Defendant: (a) sold an excessive day on the following side of a post-office located in the Dogs of the Simpo-si, the Defendant: (b) sold an excessive day in the nearest area; (c) sold the examination wall of a sublime, sold by C (Emb. 46 years old); (d) sold it on the ground that the victim resisted it; (d) sold the face of the victim on a drinking ground that the victim resisted it; and (e) sold the victim over the floor; and (e) inflicted an injury on the victim, such as an internal gambling, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes to descriptions or images of the injury diagnosis certificate and photograph;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: One month to seven years of imprisonment;

2. Sentencing criteria (decision of types of punishment), group of violent crimes, group of general bodily injuries (Scope of recommending punishment) : Imprisonment with prison labor for a period of one month to one year, and special mitigation factors: There shall be no minor injury, non-conformity of punishment/special aggravation factors:

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution or not: 2 years of a suspended sentence [main reasons for a suspended sentence] : There is no minor injury, negative negative result of punishment: positive reasons for a contingent crime, serious reflective negative: In addition to the main reasons for a suspended sentence of not less than two times (comprehensive comparison assessment) above, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by a probation, community service order or order to attend a lecture, within the scope of the recommended sentence, by comprehensively taking into account all the circumstances revealed in the arguments, including the following: (a) the main reasons for a suspended sentence of not less than two times, including the major reasons for a suspended sentence of imprisonment (comprehensive comparison assessment) and the reasons