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(영문) 전주지방법원 2016.09.21 2016고단1073

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 9, 2016, the Defendant found in front of the commercial building located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu B, Seoul Special Metropolitan City on June 9, 2016 that the Defendant smoked tobacco, and said that the Defendant would not smoked tobacco.

During the discipline, the victim was able to dump, and the victim was able to fump the head of the victim by driving away from the victim's head, and fump knee three times with his/her left knee, followed up the victim's knee, and followed up three times with his/her knee knee, thereby causing injury to the victim, such as a chump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A prosecutorial statement of the defendant;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Courses [Sentencing Criteria] [Scope of Recommendation] General In cases where the basic area (4 months to 1 year and 6 months), the basic area (including special mitigation (including efforts to recover damage), the punishment is not imposed (including special mitigation) or considerable damage), or considerable damage is recovered, the victim who is vulnerable to the crime (determination of sentence] 6 months, suspension of execution 2 years (including the defendant's method of assaulting the victim's age), etc., is very bad, such as the defendant's method of assaulting the victim's age, and the victim's serious damage is likely to be inflicted on the victim.

No defendant may be punished by a fine on several occasions due to the same criminal records and by a suspended sentence of imprisonment, or by a criminal record other than a suspended sentence of imprisonment.

Provided, That the punishment as ordered shall be determined in consideration of all the circumstances, such as the fact agreed with the victim and the fact that it is against the victim, etc.