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(영문) 대전지방법원 논산지원 2014.07.29 2013고단529

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 September 16, 2013, the Defendant, at around 20:00, entered the main point of “D,” located in Chungcheongnam-gun, Chungcheongnam-do, where he was scheduled to engage in driving and driving, and brought an dispute to the above main point E and Si expenses, which led to the instant main point E and Si expenses. This part of the Defendant, who is an employee of the above main point, listened to the victim F (V, 48 years of age), the victim’s face at one time by drinking, and the victim suffered injury, such as brain, etc., which requires a medical treatment for a week, by taking the cell phone into the police.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement regarding E;

1. Each description of a photograph and bodily injury diagnosis report or the application of video Acts and subordinate statutes;

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. Sentencing criteria (decision of types of punishment), group of violent crimes, group of general bodily injuries (Scope of recommending punishment) : Imprisonment with prison labor for a period of one month to one year, and special mitigation factors: There shall be no minor injury, non-conformity of punishment/special aggravation factors:

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

4. Whether or not a suspended sentence is suspended or not: A positive injury, minor injury, and negative result of a suspended sentence of two years [main reasons for a suspended sentence]: A person subject to a suspended sentence of imprisonment with prison labor accompanied by an order for probation and an order for attending a lecture, in comprehensive consideration of the reasons for the main commitment as mentioned above and all the circumstances shown in the general reference reasons and arguments, such as a suspended sentence of imprisonment with prison labor, within the scope of the recommended sentence, in case of a suspended sentence of imprisonment with prison labor with prison labor, which is accompanied by an order for probation and an order for attending a lecture.