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(영문) 대전지방법원 서산지원 2014.06.26 2013고단916

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 22, 2013, at around 20:40 on September 2, 2013, the Defendant: (a) under the influence of alcohol around C management offices located in Jinjin-si B, the Defendant d (the age of 55) followed the Defendant’s failure to wear his name-free Schlages in his neighborhood; (b) said, “Isk the victim’s head by drinking, booming the victim’s head with his hand, and walked the victim’s head with his hand; and (c) said, the Defendant d (the age of 55) took the victim’s left chests with drinking.

In this regard, the Defendant inflicted injury on the victim, such as the climatic and tensions that require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] general injury (the range of recommending sentence] where punishment (the person who has been specially mitigated) is not subject to punishment (including serious efforts to recover damage) or considerable partial damage is restored [the decision of sentencing] that the defendant inflicts bodily injury on the victim who fights even though the defendant had been sentenced twice as a result of violence-related crimes, even though he had been sentenced one time, imprisonment with prison labor and two times as a result of suspended sentence of imprisonment, is disadvantageous to the defendant, or that the defendant reflects the crime of this case, and completely agreed with the victim, and all of the sentencing conditions specified in the records and arguments of this case are determined by comprehensively taking account of all the sentencing conditions as ordered.