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Reasons
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(영문) 전주지방법원 2017.05.15 2016고단2452
상해
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2016, at around 07:20, the Defendant: (a) heard the victim E (the victim E (the victim 34 years of age) who drinks alcohol in front of Donsan-si; (b) laid down the victim’s satis on one-time basis; (c) her face and part of the body; and (d) her the victim walked the victim’s face and part of the body; and (c) her the victim suffered injury, such as a sub-fluoring the sub-fluor, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Scope of applicable sentences under law: One month to seven years;

2. An injury which is serious in the basic area (from June to two years) (a person who has been specially increased) of the basic area (from June to February) of the punishment period according to the sentencing criteria.

3. Determination of sentence: The execution of imprisonment with prison labor shall be suspended, taking into consideration favorable sentencing conditions, such as the fact that the degree of injury of the victim for 8 months in the suspension of execution, 2 years in the suspension of execution, 12 years in total, and 12 years in total, the criminal records of the same kind have not been agreed with the victim, 3 million won in deposit for the victim although it did not reach an agreement with the victim, 3 million won in kind for the victim, 3 million won in contingent and contingent crimes like the victim, and admitting and reflecting his/her mistake, etc.

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