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(영문) 춘천지방법원 원주지원 2016.11.22 2016고단681
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 01:06 on April 15, 2016, the Defendant: (a) inflicted an injury on the victim, such as “marbing the victim’s left part,” which requires the victim’s treatment for about 15 weeks, on the ground that the victim E(21 years of age) under the influence of alcohol takes a bath for the breas; (b) the victim’s breath’s breath to the right part; and (c) flading the victim’s breath to the floor on one occasion by drinking the breath part; and (d) the victim’s breath to the right part.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Photographss around the site and CDs ( CCTV images used for crime prevention);

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and a copy of medical records;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general injury in Article 62(1) of the Criminal Act: Type 1 basic area (the person subject to special mitigation) (the person subject to special mitigation) and/or serious injury (the type 1 and 4) [the decision of sentencing] 4 months in imprisonment, the defendant in a year of suspended sentence 1 year in prison exceeded the face of a victim who is friendly between relatives and relatives, and the victim suffered serious injury in need of medical treatment for about 15 weeks.

However, in this case, the drunk defendant and the victim have been punished for a dispute with each other, and the defendant agreed with the victim and there is no record of criminal punishment.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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