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(영문) 광주지방법원 목포지원 2015.07.09 2015고단329

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 25, 2015, the Defendant: (a) around 18:00 on 18:0, on the ground that the Victim E was “A, if you were to drink,” and (b) made a chest with the victim’s face at home one time in drinking and walking the victim’s body more than two weeks in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the photographic 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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act, including probation and order to attend a lecture or community service order;

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Reduction area, two months to one year (special mitigation entity: Minor injury);

3. The crime of this case has been committed despite the fact that the defendant had been punished several times as an act of violence, the nature of such crime shall not be that of the crime;

However, the sentencing guidelines should be set within the scope of the sentencing guidelines in consideration of the fact that the defendant's mistake is recognized, the victim's injury is minor, the defendant has no record of criminal punishment exceeding the fine, the defendant's age, character and conduct, environment, etc., and the execution of the sentence shall be suspended on condition of probation.