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(영문) 광주지방법원 2016.09.07 2016고단2476
상해
Text

A defendant shall be punished by imprisonment for four months.

except that 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 April 13, 2016, the Defendant: (a) around 20:45 on April 13, 2016, around the “D convenience store” located in Gwangju Northern-gu C, the Defendant, while drinking the victim E (54 years of age) and drinking alcohol, went through a dispute with their age due to drinking, followed the victim’s face, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the E’s written injury diagnosis statement, on-site photographing statutes;

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

1. The reason for the sentencing [the scope of recommending sentence] of Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") of the suspended sentence is the reason for sentencing (the range of recommending sentence] of general injury (the range of February to one year), the mitigation area (the special mitigation area), the mitigation area (including the efforts to recover damage), the exemption area (including the advanced efforts to recover damage), or the recovery of considerable damage (the decision of sentencing] that the defendant has the same criminal records several times is the reason for sentencing that is not favorable to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions, such as the fact that the defendant is against his mistake, the motive and circumstance of the crime in this case, the degree of injury to the victim, the age of the defendant, character and conduct, family relationship, economic circumstances, etc.

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