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Reasons
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(영문) 광주지방법원 해남지원 2016.09.22 2016고단296
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is between the victim B (n, 44 years of age) and the school restrictions from October 2014 to May 2016.

On May 13, 2016, the Defendant: (a) around 01:00, at the companyhouse E of the Myeon Office E of the Myeon Office E located in the Do branch of the Do branch of the Do branch of the Do branch of the Do branch of the Gun branch of the Gun branch of the Do branch of the Gun branch of the Do branch of the Gun branch of the Gun branch of the Gun branch of the Do branch of the Gun branch of the Do branch of the Do branch of the Do branch of the Gu branch of the Do branch of the Do branch of the Gu branch of the Do branch of the Gu branch of the Do branch of the Gu branch of the Gu branch of the Gu branch of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Injury (the general injury) in the area of mitigation (two months to one year) (the person who has been specially mitigated)

2. The fact that the defendant's decision of sentencing reflects his mistake and the victim does not want the punishment against the defendant is favorable to the defendant.

However, considering that the Defendant’s continuous use of violence against the victim living together with him/her, and eventually, the instant crime is inappropriate to sentence a fine.

The sentence of imprisonment shall be pronounced as ordered, and the execution of the sentence shall be suspended in consideration of the above favorable circumstances.

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