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(영문) 전주지방법원 군산지원 2018.04.04 2017고단1593

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2017, the Defendant: (a) around 01:30, the Defendant: (b) rancing the microphone of the victim E (57 years old) who singing singing at the D singing bar located in Yasan City; (c) rancing the body part of the victim’s right eye due to singular head; and (d) rancing the victim’s face one time at the entrance of the next singer, the Defendant inflicted injury on the victim, such as the right side and the single of the floor, where the victim needs to receive approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, and photographs taken by damaged parts;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury in Type 1 (General Bodily Injury) in the basic area (4 months to one year and six months), [Special Mitigation (Aggravated Punishment)] In addition, the degree of injury to the victim is more serious, and the part of injury is also dangerous.

In addition, even though the defendant was able to commit the same kind of crime, he again committed the crime of this case.

These points are disadvantageous to the defendant.

However, the defendant repents and reflects his mistake, and the victim does not want the punishment of the defendant by mutual consent with the victim.

This is the circumstances favorable to the defendant.

In these circumstances, the punishment as ordered shall be determined within the scope of recommended sentencing guidelines by comprehensively taking into account the various circumstances shown in the arguments, such as the relationship with victims, motive, means and consequence of the crime, and the circumstances after the crime.