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(영문) 대전지방법원 논산지원 2013.11.15 2013고단325

상해

Text

1. The defendant shall be punished by imprisonment for eight 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

On May 17, 2013, at around 18:20, the Defendant divided the Defendant into the “Crown Land Point” front of the “Crown Land Point,” located in Chungcheongnam-gun, Chungcheongnam-do, and the Defendant, who was seated on the left side of the said rown Land Point, “I am unfolded, if I am dead, or if I am dead at the house in which I are conducting funeral service, I am the victim’s inner part of the victim’s inner part with his hand, and am out of the floor by pushing the victim.”

As a result, the Defendant inflicted an injury on the victim, such as flag pulver pulverging, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to D, E, F, G, and H;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

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. The basic area of the sentencing criteria [decision of types of punishment] the group of violent crimes, the general category of injury (the scope of recommending punishment]: Imprisonment with prison labor for not more than four months from April to June: In cases of special mitigation factors: In addition, the serious injury.

3. Determination of sentence: Imprisonment for 8 months; and

4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): The positive results of the previous conviction of the same kind of fine (general reasons for the suspension of execution): not more than three times a five-year period of punishment: positive results: contingent crimes, serious reflective results: In addition to the main reasons for the suspension of execution (comprehensive comparison evaluation) and the reasons for general participation as seen earlier on two or more occasions, the defendant and the victim knew prior to the suspension of execution, maintain a smooth relationship with the defendant and the victim, and the defendant's main figures want to have a preference against the defendant, within the scope of the recommendation punishment, by comprehensively taking into account all the circumstances revealed in the arguments.