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(영문) 청주지방법원 영동지원 2015.01.08 2014고단236
상해
Text

A defendant shall be punished by imprisonment for one year.

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 November 9, 2014, at around 13:50, the Defendant: (a) discovered the victim E (the age of 45) who was making a telephone conversation in front of the “D” located in the Yancheon-gun, Chungcheongnamcheon-gun; and (b) purchased the victim’s face part at one time, and caused injury, such as “the extraction of luminous bones and felites,” for about seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of the sentence recommended on the sentencing criteria [type of crime] violent crime, serious bodily injury (specially under), motive to criticize and criticize a person), victim (special mitigated) who is vulnerable to the crime (no person in question) or victim of mental or physical disability (no person in question) [decision of the scope of sentence] aggravated area (6 months to two years of imprisonment];

2. Determination of sentence: One year of imprisonment, two years of suspended sentence, the defendant prices a victim who was making a telephone conversation on the ground that he was made personal problems and is subject to criticism of the motive for the crime; the victim suffers serious injury, such as being under surgery by cutting the body of the luminous bones and felites; however, the defendant must be punished strictly, but the defendant has agreed with the victim as the primary offender; the defendant has mental capacity, such as summons, damage net, apprehension, and bed; the defendant's family members will make full efforts to treat the defendant; the defendant's family members will be able to do so; the defendant's age, character and behavior, environment, circumstances of the crime, means and result; and the circumstances after the crime, etc.

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