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(영문) 제주지방법원 2017.11.28 2017고단2138

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 21, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor by the Jeju District Court for non-compliance with the withdrawal, etc., and finally decided October 23, 2017.

On July 3, 2017, at Jeju-si 15:30 on July 3, 2017, the Defendant: (a) exchanged each other’s abusives in the third floor C room of Jeju-si 2, Mara, 2017, on the ground that the victim D (32 aged 32) was born, and (b) came to fit two times from the injured party; (c) the victim’s face face was kneeed with kne, and the victim’s right end was 1.5cm, thereby making the victim’s treatment difficult to know the number of days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Police statements made to E and F;

1. A working report;

1. Place of medical record, victim (D) photograph;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, text of judgment (No. 2017 No. 421 of the Jeju District Court), and the outcome of the case search screen conducted by the Supreme Court Na;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant committed the instant crime without being aware of the fact that he/she was under detention by the court of the first instance after being sentenced to a sentence in other cases, and thus, the nature of the instant crime is very poor.

However, considering the fact that the victim has agreed with the victim, the equity in the case of judgment with the victim, the circumstances leading up to the compromise with the victim, and the fact that the victim first prices the defendant, the number of times of punishment and the details of punishment, age, sexual conduct, environment, circumstances after the crime and circumstances after the crime, the punishment shall be determined as ordered in the same manner.