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(영문) 대전지방법원 서산지원 2020.04.02 2019고단1045
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant and the victim B(the age of 41) are the relationship between the region and the latter.

Around 02:00 on May 2, 2019, the Defendant, at the front parking lot operated by the victim in Thaian-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the reason that the victim, who was the captain of the previous vessel, sent text messages mixed with her bath, without being able to do so, was in conflict with the Defendant, and the Defendant, as a hand, she was killed of the victim’s breath, and was inflicted an injury on the victim, for about 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to damaged parts and the contents of the diagnosis report, photographs, injury diagnosis certificates, and surgery confirmation certificates;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has a punishment): Reduction element: Where a person has failed to punish him/her (including serious efforts to recover damage) or has recovered from considerable damage: serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], April through January 16.

3. As a result of the instant crime in which the sentence was rendered, the victim was given surgery and treatment on the part of his/her mouth, and the degree of injury of the victim is not that of the victim.

However, it is deemed that there are some factors causing the victim to commit the crime, the victim does not want the punishment of the defendant, and other factors such as the family relation, age, character and conduct of the defendant, the circumstances after the crime, etc. shall be determined as ordered by the order.

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