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(영문) 전주지방법원 2019.05.09 2019고단252

상해

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On September 24, 2018, the Defendant: (a) around 02:27, on the road of the “C” restaurant parking lot located in Yansan-gu, Jeonju-si B, for the reason that the victim D (the age of 47) was flicking to her women-friendly Gu by hand, and flicked the victim over the floor, and (b) took one time the victim was flick.

The defendant continued to flee with approximately 50 meters of the victim's face facing the victim, and walk the victim's face facing the floor by drinking the victim's face, and walk the victim's face over the floor by drinking the victim's face, with his hand, led about 7 meters of the victim's head collection, and led about about 9 weeks of the victim's face from walking the victim's face to the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. A photo of the damaged part;

1. Application of investigation reports (Analysis of CCTV images installed in F)-related Acts and subordinate statutes;

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 Article 62-2 of the Criminal Act for probation and community service order;

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 for violent crimes: General injury [Type 1] general injury (including a special person who has been sentenced to punishment): Reduction element: Where a person is subject to punishment not subject to punishment (including serious efforts to recover damage) or considerable damage, the factors of aggravation: serious injury (the scope of recommendation field and recommendation type] (the scope of recommendation field and recommendation type) and basic area, April through June of imprisonment.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The victim who was brutdd by the defendant is able to use the victim's brutally and seriously, thereby in need of nine weeks of treatment to the victim.