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(영문) 광주지방법원 해남지원 2019.09.19 2019고단246
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 28, 2019, at around 21:45, the Defendant suffered from the Korean Water Resources Corporation in front of the Korean Water Resources Corporation located in Jindo-do, Jindo-do, Jindo-do, Jindo-do, 62-18, and the victim B (52) did not live, due to the head of the Gu, the Defendant suffered from the victim's face part of the victim's face, due to the head of the Gu, and then suffered from the victim's face and the number of the body of the victim's face and the victim's face were taken into account.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: General injury [Type 1] general injury (special person who has a penalty): Reduction element: Where the penalty is not paid or damage substantially has been restored to a certain part (the area of recommendation and the scope of recommendation], reduction area, imprisonment with labor for two months to ten months;

3. Determination of sentence: Six months of imprisonment with prison labor, and the degree of injury inflicted on a victim by a criminal defendant for a period of two years of suspended execution shall not be minor;

The defendant has been punished for violence crimes on several occasions even before.

However, the defendant reflects his mistake, and the victim does not want the punishment of the defendant by agreement with the victim.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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