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Reasons
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(영문) 청주지방법원 제천지원 2014.09.18 2014고단227
상해
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 21:00 on May 11, 2014, the Defendant, at the main point of “E” operated by the Victim D (F, 40 years of age) in the Chungcheongbuk-si C, and the Defendant, with the victim’s speech, took the Defendant out of the main point, took the Defendant’s desire to take the Defendant out, took the Defendant out of the main point, took the victim’s side interest once, and took the victim’s side interest once by drinking, and breaking the victim’s shoulder with the two hand, thereby causing injury to the victim, such as a throphum, which requires a medical treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness D, G, and F;

1. Application of Acts and subordinate statutes of photograph description, injury diagnosis report (D);

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommending sentence] general injury to the defendant is that the defendant committed the crime of this case even though the basic area of sentence 1 (the general injury) (the decision of sentence 4-1 year and 6) (the decision of sentence ] of the basic area of punishment (the decision of sentence ] can be

However, the Defendant and F committed assault to the victim to commit the crime, and there are some circumstances that may be taken into account in the course of the crime, and even though the victim expressed his intent to punish the Defendant in this court, the fact that the Defendant, F, and the victim agreed to agree with each other in the investigation stage, considering the favorable circumstances for the Defendant, and determining the sentence as ordered by taking into account all other factors of sentencing.

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