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(영문) 대전지방법원 논산지원 2014.12.26 2014고단356

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

On July 15, 2014, at around 08:47, the Defendant: (a) made the victim C ( South and 68 years of age) set up the Defendant’s passenger car at the “Wang intersection” road located in the Sinung-dong, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, and (b) made the victim’s face part three times, and the victim’s face part was sent back several times.

As a result, the defendant suffered injury to the victim, such as the 1st Daegu Typ, cerebral celebry, etc. on the left side of the music that requires approximately three weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to descriptions or images of damaged parts, each injury diagnosis report (investigative records No. 35-36 pages), respectively;

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. Grounds for sentencing 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 sentencing guidelines [Determination of types of punishment] group of violent crimes, group of general bodily injuries (the scope of recommending punishment] mitigation area: Imprisonment with prison labor for not less than two months to one year special mitigation factors: there is no reasonable responsibility of the victim / Special aggravation factors:

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

4. Whether a suspended sentence is suspended or not: A person shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by probation and an order to attend a lecture within the scope of the recommended sentence, comprehensively taking into account the following: A person who has been convicted of a minor injury, a significant negative liability of the victim: A person subject to a suspended sentence of imprisonment with prison labor accompanied by probation and an order to attend a lecture within the scope of the recommended sentence: A person subject to a suspended sentence of imprisonment with prison labor, who has committed a contingent crime, reflects the outcome of the crime, or has no record of a suspended sentence or heavier punishment: A person subject to a suspended sentence of a fine