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(영문) 광주지방법원 목포지원 2017.02.02 2016고단1186
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant

Around 01:00 on August 23, 2015, in a room where it is impossible to find out the head of the “Esing room” located in Busan Northern District D, where the injured party drinking alcohol with the injured party C (31 years of age) and drinking alcohol on the ground that the injured party neglected the Defendant, he gets the head of the injured party at one time on the part of the client, and caused the injured party to suffer injury, such as a dives, inner, inner, and fladropic fever, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each Act and subordinate statute of an injury diagnosis certificate, diagnosis certificate, and photograph;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 (where the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. Type one (6 months to two years) in the weighting area (6 months to two years) of the punishment of recommendation: Where a person commits a crime by carrying a deadly weapon or other dangerous articles);

2. The execution of a sentence shall be suspended in consideration of favorable circumstances, such as the fact that there is no means to punish a person for a crime of the same kind as the one to be sentenced, the fact that a person deposits one million won for the victim, and the fact that any mistake as an contingent crime is against the wrong; and

However, protection observation and community service shall be ordered in consideration of the fact that the method of crime is very dangerous and that the victim has failed to take care of.

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