(영문) 대전지방법원 서산지원 2013.09.27 2013고단399

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(영문) 대전지방법원 서산지원 2013.09.27 2013고단399

상해

Text

A defendant shall be punished by imprisonment for six 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

On October 1, 201, at around 22:00, the Defendant appeared at a family conference in front of the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and took a bath of “the victim D (year 44) who is a relative relative and flag,” and “the victim’s flag shall be discarded,” and the Defendant took a bath of “the victim’s face by drinking flag,” and flading the victim’s face by drinking a flabing the flab.

As a result, the Defendant inflicted an injury on the victim, such as a part of a baby who needs approximately 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the accused has been sentenced to a fine not less than five times for the same crime, and the victim is the sixth degree of relative of the accused, etc., the nature of the crime is not good.

However, considering the fact that the defendant reflects his mistake in depth, deposited 4 million won for the victim, and made efforts to agree with the victim, the execution of the punishment shall be suspended only once against the defendant in consideration of his age, character and conduct, circumstances leading to the crime of this case, etc., and the execution of the punishment shall be suspended only once, but the community service order shall be attached to the order.

It is so decided as per Disposition for the above reasons.

참조조문

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