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(영문) 대전지방법원 천안지원 2016.06.09 2016고단386

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

(a) Article 136, paragraph 1 (a) (a point of harm to F, G, and H), Article 136, paragraph 1 (a) of Article 136;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed for the crimes of bodily injury against each G or H and the crimes of obstructing the performance of official duties, and a punishment prescribed for the crimes of bodily injury against a victim H, of which the circumstances are heavier);

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act. The sentencing guidelines are not applied directly for crimes subject to regular concurrences: Type 1 (general injury to victim H [Determination] [Special Sentencing] - [Determination on the area of recommendation] / [Scope of punishment] 6 months to 2 years [Scope of punishment] : Article 257(1) of the Criminal Act, Article 1 to 7 years [Cases as to whether suspension of execution of official duties is suspended] - Major reasons: positive (in cases as to interference with execution of official duties: clearly, contingent crimes, serious reflections, and no previous convictions: Group 2 of the Criminal Act / [Determination on the types] / [Determination on the types of injury to victim / [Determination on the scope of punishment] 1 to 5 months] : Decision on the maximum statutory punishment for injury to victim / [Determination on the grounds that there are no specific grounds for suspension of execution of official duties / [Determination on the scope of punishment for one year to 1 to 7 months]. Specific grounds for injury to victim F.