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(영문) 대전지방법원 논산지원 2013.11.19 2013고단232

상해

Text

1. The defendant shall be punished by imprisonment for six 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 March 3, 2013, the Defendant: (a) around 21:00 on March 21, 2013, in the “D’s operation “D” for Defendant’s operation, the Defendant: (b) took a bridge of the victim E (ma, 50 years of age) and F’s horse dispute with the customer; and (c) took a bridge with the victim’s bridge, made the victim go beyond the victim’s bridge on the floor; and (d) caused the victim to suffer injury, such as a bridge bridge thirth, etc., which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and F;

1. Although there are parts of the witness E, G, and F’s respective legal statements that are somewhat inaccurate or inconsistent with each other on-site photographs, diagnosis reports, and photographs, or the reasons for conviction of images, each of the above statements can be acknowledged that the defendant suffered injury as indicated in the judgment of the victim by exercising force on the body of the victim.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one month to seven years;

2. The basic area of the sentencing criteria [decision of types] the group of violent crimes, the group of violent crimes (the scope of recommendations for violence] and the basic area of crimes: Imprisonment with prison labor for not less than four months but not more than two years special mitigation factors: the significant responsibility of the victim / Special aggravation factors: the serious injury.

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

4. Whether to suspend the execution is positive for 2 years (major reasons): The attitude of crime is insignificant, and the victim's serious negative damage (general reason): positive: clear social relation, contingent crimes, negative results of deposits equivalent to the amount of money: Criminal records of the suspension of execution at least twice, the defendant is a person with a disability of class 3 in addition to the main reasons of the suspension of execution and the reasons of general participation (comprehensive comparison and evaluation). One is that the defendant is a person with a disability of class 3 in addition to the reasons of general participation, and the criminal records of violence are two times.