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(영문) 춘천지방법원 2017.08.31 2017고단525
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On March 31, 2017, at around 19:30 on March 31, 2017, the Defendant: (a) brought a dispute with the victim D (the age of 61) who was under the entrustment of the Defendant in the Defendant’s dwelling in Chuncheon C, 101 Dong 201, and 201 on the ground that he did not properly carry on the E business; (b) placed the victim on the part of the Defendant; (c) placed the victim on the part of the bed; and (d) placed the victim on the part of the bed, placed the victim on the bed; and (d) placed the victim on the part of the bed to the bed bed with the bed b

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the statutes to photographs related to the violence case, reports on dispatch to the scene of violence case, diagnosis of injury, and copies of medical records;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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 sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The favorable circumstances: The defendant paid 1.5 million won to the victim and continued to maintain the relationship with the victim, the degree of injury is relatively minor, and the circumstances that recognize the crime are disadvantageous to the victim: there have been several types of punishments for the same violent crimes; in particular, in 2014, the defendant was sentenced to a suspended sentence for 6 months and 10 times or more for the crime of injury.

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