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(영문) 대전지방법원 논산지원 2014.03.28 2013고단435

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 5, 2013, around 13:10 on July 5, 2013, the Defendant demanded the victim to pay KRW 400,000 of the unpaid amount of the food washing machine to the victim at the “E” restaurant operated by the victim D (W, 56 years of age) in Seosan-si, but refused to pay the unpaid amount of KRW 40,00,000 to the victim, and the Defendant walked about five times on the left side of the victim due to the birth of the fire, and the victim was sealed by his hand while the victim was used in the sofacs.

As a result, the Defendant got off the body of the victim in need of approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of each description in a photograph, written diagnosis of injury (investigative records No. 17 pages) or any visual statute;

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 under Article 62-2 of the Criminal Act, 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 a period of four months to one year and six months: None of special factors / None of them:

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

4. Whether to suspend the execution or not: There is no negative if the attitude of crime is minor (the reason for general participation): positive cases that are clear of social relation, there is no serious reflective negative crime: The defendant does not endeavor to recover damage (comprehensive comparison and assessment) in addition to the main reasons for the above major participation and the reasons for general participation, such as the one time of violence, the one time of suspension of indictment and the one time of suspension of indictment, etc., the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by probation and community service order, such as the order, within the scope of the recommended sentence, by comprehensively taking into account all the circumstances revealed in the arguments, such as the following: