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(영문) 광주지방법원 2017.05.11 2016고단5205
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around 19:00 on September 21, 2016, the Defendant, while drinking alcohol at the main points of “D” located in Nam-gu, Nam-gu, Gwangju, and the first floor, inflicted injury on the victim, such as E, a victim F (67 years of age) who is in a pro rata relationship with “D,” and on the ground that the victim’s head is annoyinginglying E, and continuously string the victim’s head at one time before the main point, and continuously boomed the victim’s hand before the main point, and boomed the victim beyond the floor for about eight weeks, resulting in an injury that the victim sustained, such as the victim’s flading alcohol, credit fladying alcohol, external cerebral blood transfusion, and the dubing of two mouths (closed).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. In the case of applying the sentencing criteria [the scope of the recommended punishment] general injury (the scope of the recommended punishment] the basic area (the April to one year and six months) (the person subject to special mitigation), the penalty not (including the serious effort to recover damage), or the recovery of considerable damage (the special aggravated person) of the injury (the 1.4 types);

2. Although the degree of injury of a victim determined to be sentenced to punishment is not somewhat minor, the sentence shall be determined as ordered in consideration of favorable circumstances, such as the fact that the victim does not want the punishment by mutual consent with the victim in the course of investigation, the defendant leads to the confession of the crime, reflects his mistake, and has no criminal record of the same kind, and the execution thereof shall be suspended.

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