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(영문) 청주지방법원 2018.07.19 2017고단2626
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution by the Cheongju District Court for special intimidation, etc., and the judgment became final and conclusive on May 5, 2018.

On November 06, 2017, on the ground that the Defendant took a bath for the victim D (30 years of age) who d(30) who d (30 years of age) who dices alcohol together on the front way of “C” in a considerable area of Cheongju City, Cheongju City, around November 21, 2017, the Defendant dumpeded the victim with a breathal and knick, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A photo of the damaged part;

1. Application of statutes to each judgment and written inquiry of summary information of cases;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant’s reasons for sentencing two times more than the punishment for the suspended sentence of imprisonment for the same violent crime; (b) the records of the punishment of fines are more times more than the punishment for the same violent crime; (c) the special intimidation in the judgment of the appellate court is pending due to the crime of intimidation, etc.; (d) disadvantageous circumstances such as the Defendant committed the instant crime; and (e) the recognition of and against the Defendant’s crime; and (e) favorable circumstances such as the agreement with the victim; and (e) equity with the case of special intimidation in the judgment that became final and conclusive; and (e) the Defendant’s age, sexual behavior, motive, means and consequence of the crime; and (e)

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