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(영문) 대전지방법원 논산지원 2015.09.11 2015고단328

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

피고인은 2015. 5. 6. 21:50경 논산시 B, 2층 201호에서, 피해자 C(47세)와 피해자 동거녀와 술을 마시던 중, 피고인이 피해자 동거녀의 어깨를 쓰다듬었다는 이유로 피해자가 항의하자 격분하여, 주먹으로 피해자의 얼굴, 입, 눈 부위와 머리를 수 회 때리고 발로 찼다.

As a result, the defendant suffered damage to the victim during about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A photograph of the injured part of the victim, and a photograph of the upper part of the suspect's hand;

1. An investigation report (Attachment of a check) and the application of Acts and subordinate statutes to a criminal investigation report prepared by the police;

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

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) The basic area (from April to June) of category 1, the scope of general injury to the recommended range;

(b)an injury to a person who is not punishable by a special person or a serious injury;

2. The Defendant, as stated in its reasoning, is not guilty, by causing serious injury to the victim, etc.

However, the defendant's mistake and confession, the victim agreed with the victim, and the victim does not want the punishment of the defendant, and other circumstances revealed in the arguments of this case, including the defendant's age, character and conduct, and environment, shall be determined as the sentence as ordered by considering the whole.