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(영문) 광주지방법원 목포지원 2014.10.20 2014고단1090

상해

Text

A defendant shall be punished by imprisonment for four 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

At around 02:00 on June 24, 2014, the Defendant: (a) at the house of the victim C (58 years of age) located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) after drinking alcohol on the grounds that the victim speaks against the victim; and (c) after walking the victim, etc. three times due to his appearance, the Defendant caused the victim to face head at the kitchen, which was in front of the kitchen, and (d) took two open measures where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Each police statement of C or D;

1. On-site photographs and damaged photographs;

1. Application of Acts and subordinate statutes to medical reports;

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Reduction area, two months to one year (a person who is a person who commits a special mitigation shall not be punished);

3. Determination of a sentence and suspension of execution shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused has agreed with the victim, the age, character and conduct, family relationship, etc. of the accused, and the execution thereof shall be suspended;