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(영문) 의정부지방법원 2014.11.05 2014고합157
중상해
Text

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

At around 06:40 on May 25, 2014, the Defendant drinked alcoholic beverages with the victim E (the age of 45) in a mutually cafeteria called D, which is located in Speaker C, on May 25, 2014, the Defendant tried to stop the victim’s face and line between 10:15 minutes and 15 minutes on several occasions, on the ground that “the Defendant’s punishment is playing in the front day in a farm life; the Defendant’s punishment known to him shall also be left unattended; hereinafter the Defendant’s punishment shall also be neglected), and criticizes the Defendant’s family members.”

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the F in preparation of the police officer police officer;

1. A written statement of the G production;

1. Photographss, CCTV-cap photographs, CCTV-recording CDs;

1. Application of the legislation in its opinion;

1. Article 258 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), group of violent crimes, general bodily injury, type 2 (Special Bodily Injury): Reduction of punishment [the scope of the recommended and recommended punishment], mitigation area of punishment [the scope of the mitigated punishment], six months to one year and six months [the suspension of execution], positive: Non-compliance with punishment (major reasons for such suspension), clear social relation, contingent crimes, and there is no criminal record of not less than a suspended sentence (the reason for general participation);

3. Determination of sentence: The crime of this case in two-year suspension of the execution of eight months imprisonment with prison labor is to be committed by the defendant, when the defendant several times, after leaving the victim's face and her face, to stop the heart of the victim for about ten minutes, and to leave the victim in a mixed status for several days, and relief measures against the victim shall be taken.

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