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(영문) 광주지방법원 순천지원 2017.09.27 2017고단409

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 13, 2015, the Defendant sent to the victim E (62 years of age) the victim’s face while drinking with a person who was unable to engage in his/her name and a dispute within C’D located at the time of drinking on July 13, 2015. However, the Defendant sent back the victim’s face to the victim’s head on his/her water purifier.

As a result, the Defendant inflicted injury on the victim, such as cutting the frame of the inside and floor for about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each medical certificate and records of medical treatment;

1. Application of Chapter Two Acts and subordinate statutes to evidence photographs;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the following conditions of sentencing, including the observation of protection and community service order, the fact that there is a number of violent records against the defendant for the reason of sentencing under Article 62-2(1) and (2) main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order, the degree of damage, the fact that the defendant recognizes and reflects the crime of this case, the fact that the victim does not want the punishment of the defendant, the favorable circumstances such as the defendant's age, family environment, motive and circumstance of the crime, and the circumstances after the crime.