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(영문) 광주지방법원 해남지원 2015.01.14 2014고단337
상해
Text

A defendant shall be punished by imprisonment for six 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 July 18, 2014, at around 23:00, the Defendant sought to resist the fact that the victim was released the mooring line of the fishing vessel the Defendant was at the lower time at the center of the victim D (the age of 64) located in Namnam-gun C, Namnam-gun, and took one time the victim was deprived of his her lebbage with the victim while the victim was boomed.

As a result, the Defendant inflicted injury on the victim, such as the sofacination of the body 3 times in need of treatment for about 70 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] general injury (the period of general injury) (the period of six to two years) [the period of sentence] - six months of imprisonment, the period of suspended execution 2 years, the period of community service 120 hours - the defendant inflicted serious injury upon the victim in need of medical treatment for 70 days - Nevertheless, the defendant did not receive a letter from the victim, and the defendant was punished by a fine for the same kind of crime even in the past.

However, considering the fact that the defendant shows both his mistake and reflects in this court, the defendant deposited 4 million won for the recovery of the victim's damage, the defendant has no criminal record of suspended execution or more, the defendant's age, character and conduct, family environment, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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