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(영문) 광주지방법원 순천지원 2016.12.08 2016고단1175
상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 March 11, 2016, at around 21:20 on March 21, 2016, the Defendant took the same alcohol on the side 'Djuk' side of 'Djuk', Nsung-gun, where the victim E (the age of 63) who dices the alcohol to the Defendant, and the Defendant knife the victim, and met the victim's entrance.

As a result, the defendant injured the victim for about 28 days of medical treatment.

Summary of Evidence

1. Part of the Defendant’s statement in the court (the Defendant’s statement was only sealed once the victim was pushed down, but did not appear. However, in light of the victim’s status and degree, and the fact that the victim and the Defendant left the police box by themselves, the Defendant’s statement in the witness E’s statement has credibility, and thus, the Defendant’s assertion is not accepted).

1. Partial statement of witness E;

1. Report on internal investigation (a summary of statement on telephone communications at the D key point for reference;

1. A report on internal fire-fighting (the search of shots and field photographs, etc. attached thereto), and on-site photographs;

1. Reports on internal investigation (with respect to the situation at the time of withdrawal and the specific circumstances, etc. of the person under suspicion);

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

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the defendant has no criminal history heavier than imprisonment without prison labor, and that the victim's damage is not very significant, etc. are favorable to the defendant.

In light of the fact that the defendant can be sentenced to a fine of the same kind, the reason that the defendant assaulted the victim, and the victim's compensation was not made at all, it is deemed that punishment is necessary to prevent recidivism at least.

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