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(영문) 광주지방법원 순천지원 2021.03.25 2020고단2420
상해
Text

Defendant

A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A, at the 15 August 15, 2020 08:00 Mancheon City, 790 Mancheon Prison C office, having a long-term dispute with the victim B ( South, 30 years of age) at the end of 08:0 Mancheon City, A, while she had a desire to take the victim, she was able to have the victim feel drinking, her face, after having avoided it, she had the face of the victim her drinking, and she had the face at that end.

The victim's head was flicked on one occasion and the victim's number of days of treatment was 20 times so that the victim could not know the number of days of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's legal statement D or investigative report (referring to the submission of photographs of violence, damage, or bodily injury) on each police statement report to E;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury (special sentencing factors] - mitigated factors: In a case where the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) or whose considerable damage has been recovered (the area of recommendation and the scope of recommended punishment] special mitigation area, one month to October.

3. The Defendant, who was sentenced to the sentence, was assaulted from a person who was under the age of her prior to his / her her brythothrity, and thus, deemed to have committed the instant crime, there are some points to consider the circumstances leading to the instant crime.

However, the Defendant continued to use without-discriminatory assault against the victim who has already lost resistance due to the preceding assault, not only caused such assault but also used a relatively dangerous flaco, which is a relatively dangerous object in the course of committing the crime.

There is a history of criminal punishment for the defendant several times due to the same crime.

In light of this point, the defendant is the defendant.

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