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(영문) 광주지방법원 순천지원 2021.03.17 2020고단2471

상해

Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around 1:50 on July 5, 2020, the Defendant assaulted the victim E (the 69-year old), a resident of the same apartment as C Apartment D, in front of the Defendant’s residence, to find out at home the victim E (the 69-year old) and to take a step by cutting off the victim more than two times by hand and taking a step by entering the police, and thereby, suffered injury to the victim that requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A diagnosis report of the police statement to E on the scene of the police statement, photographs of damaged parts, and a diagnosis report of the damaged parts;

1. Application of Acts and subordinate statutes of each report on internal investigation (the sequence 1, 3)

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] General injury [type 1] mitigated elements of punishment (special sentencing person]: Reduction area of punishment [the territory of recommendation and the scope of recommended punishment] mitigated area, February of imprisonment through October.

3. Determination of sentence: Determination of sentence for four months or one-year suspended sentence, but the details, means and results of the crime, the circumstances after the crime, the victim's intention not to punish him/her, the age of him/her, sexual conduct and environment, etc. shall be taken into consideration in the same manner as the order is issued;