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(영문) 대전지방법원 논산지원 2018.05.29 2017고단716
상해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 August 28, 2017, the Defendant: (a) on August 28, 2017, the victim D (62 taxes) at the nearby the bus platform near the bus platform of the Franchie-gun C. 3, 2017.

“The time limit shall be drawn,” and “n't be the superior to the injured.”

“The victim’s chest was boomed with the victim’s chest, and the victim was hicked with the victim’s necked with the victim’s neck, thereby falling into the floor below India. The victim re-speeded the part of the part of the part of the kne and kneed with the victim’s chest when kne, kne, knee, kne and knee the part of the victim’s chest, which requires medical treatment for about 21 days, and caused the victim’s injury, such as kne, kne, kne, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to file reports on internal accidents;

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. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, community service, and order to attend a lecture, recognizes the defendant's fault late, and deposit money for the victim is favorable circumstances.

In addition, there are many criminal records of violence, but the previous criminal records are 2010.

However, considering the criminal records (two times of probation and two times of fine due to violence in 10 years) and the possibility of recidivism, it is necessary to take measures to improve the defendant's violent inclinations.

The above circumstances are different from the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing as set forth in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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