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(영문) 광주지방법원 2018.03.08 2017고단5790
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2017, at around 23:00, the Defendant: (a) 302 Dong Dong 1203, Nam-gu, Gwangju apartment house B, and (b) 302 Dong 1203, the Defendant took a bath to the victim on the ground that the victim did not respond to it; (b) taken a bath to the victim on the ground that the victim did not respond to it; and (c) taken a walk-gu 28 days of treatment for the victim, the Defendant took care of the face of the using victim, and carried out a crof, spathing, complete escape, spathing, and spathing of the above arms that require treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] general injury (the scope of general injury) No. 1 in the basic area (4 months to one year and six months) (the person subject to special mitigation (special mitigation)] / the injury (the sentence decision] below and the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case shall be determined as the sentence of this case in consideration of the following circumstances.

Unfavorable circumstances: Criminal records, which were subject to punishment by exercising violence against the victim, are several times (in 2009, the victim was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor due to a deadly weapon and bodily injury committed against the victim). The risk of recidivism exists.

The favorable circumstances: The error is divided in depth.

The defendant and the injured party have repeatedly expressed that they do not want to be punished, and two adult children want to be punished.

There are five children between the victim and the victim, and among them, three minor children should be supported.

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