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(영문) 광주지방법원 목포지원 2015.09.14 2014고단1077
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 20:00 on June 26, 2014, the Defendant listened to the victim E (50 years of age) who works together in the D playground located in Sinpo City C, and took one another’s bath while speaking, the Defendant inflicted an injury on the victim, such as a spathal, requiring approximately four weeks of treatment on the victim’s face due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

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

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Reduction area, two months to one year (a person who is a person who commits a special mitigation shall not be subject to punishment);

3. The defendant shall choose to imprisonment with prison labor in light of the fact that he/she has been punished several times by a fine for an act of violence.

However, in consideration of the fact that the defendant recognizes his mistake and reflects, the agreement with the victim, the fact that the defendant appears to be a contingent crime, the age and character of the defendant, etc., the punishment of the defendant shall be determined within the scope of the sentencing guidelines and the execution thereof shall be suspended on the condition of probation.

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