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(영문) 인천지방법원 2014.06.25 2013고단1768
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 29, 2012, at around 22:45, the Defendant brought an injury to the victim, such as a fat, fat, fat, fat, etc., requiring treatment for about 35 days, when he/she was in dispute of the problem of repayment of the victim D(55 years of age) and his/her debts, by bating the fat of the victim's head, and caused the victim's face by drinking several times.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 11 of the Criminal Act mitigated by law;

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 the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury (the scope of general injury) shall be the mitigated area (two to one year) (special mitigation persons] and deaf-mutes;

2. The suspended sentence shall be imposed in consideration of the fact that the defendant who was sentenced to the punishment in this case led to the confession and reflect of the crime in this case and has no record of being sentenced to a suspended sentence of imprisonment or more, the deaf and mute, the age, character and conduct, environment of the defendant, motives and circumstances leading to the crime in this case, and the circumstances after the crime, etc.

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