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(영문) 광주지방법원 목포지원 2015.03.23 2014고단2078
상해
Text

A defendant shall be punished by imprisonment for not less than three 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

At around 07:40 on September 2, 2014, the Defendant: (a) expressed the Defendant’s desire to remove goods to the Defendant’s mother who wanted to work on a street store in front of D’s members located in Pyeongtaek-gun, Chungcheongnam-gun; (b) expressed the Defendant’s desire to breath, such as “Lesaw-day” and “Chewing years”; and (c) expressed the victim’s left part of the victim’s back shoulder one time by drinking, and (d) laid down the victim’s back part of the part that needs to be treated for about two weeks, so far as the victim’s right part of the part that the victim’s part of the part is located in one time, the Defendant d’s part that the victim’s part of the part that the victim’s part is to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A written diagnosis of injury (record No. 17 pages of evidence);

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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 (Consideration of sentencing)

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear);

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Reduction area, two months to one year (special mitigation entity: Minor injury);

3. The sentencing criteria shall be set within the scope of sentencing criteria and the execution thereof shall be suspended, taking into account the fact that the defendant's decision on the sentence or the suspension of execution is recognized and against his mistake, that the defendant did not agree with the victim, that some of the money was deposited for the victim, that the defendant's age, character and conduct, family relationship, etc.

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