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(영문) 대전지방법원 논산지원 2014.05.13 2013고단388

상해

Text

1. The defendant shall be punished by imprisonment for three months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 03:30 on July 21, 2013, the Defendant: (a) found the preceding day at “D cafeteria”; (b) sought again under the influence of alcohol for the reason that the victim E (at the age of 48) was under the influence of alcohol; and (c) took the victim’s head, “I will am dead, I will am dead, I will see” and “I will am dead, I will am back, I will am back, I will am back, I will am back, I will am back, I will am back the victim’s head.” (d) The Defendant saw the victim who was under the influence of alcohol for the reason that the victim E (at the age of 48) was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E and F;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of sentenced punishment: One month to seven years of imprisonment;

2. Sentencing criteria (decision of types of punishment), group of violent crimes, group of general bodily injuries (Scope of recommending punishment) : Imprisonment with prison labor for a period of one month to one year, and special mitigation factors: There shall be no minor injury, non-conformity of punishment/special aggravation factors:

3. Determination of sentence: Three months of imprisonment; and

4. Whether or not a suspended sentence is positive for 2 years (major reasons for a suspended sentence): There is no minor injury or negative negative result of a suspended sentence (general reasons for a suspended sentence): positive reasons for a contingent crime, serious reflective negative: In addition to the main reasons for a suspended sentence of not less than two times (comprehensive comparative assessment) above, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by probation within the scope of the recommended sentence, taking into account the following factors: (a) the defendant shall have a total of six criminal records for violence, and the defendant shall have a total of two criminal records for a suspended sentence of imprisonment with prison labor; and (b) the fact that the defendant supports his/her mother and is still supporting a recent traffic accident and that the defendant's health is not good due