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(영문) 제주지방법원 2017.04.19 2016고단3020
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 01:30 on September 14, 2016, the Defendant called the victim E (36 years of age) who was towed in the influence of alcohol to a place where he/she is located. When the victim was mistaken for an accident report, he/she gets at the above place, without any reason, she walked the victim's vision, pushed the victim's chest and part of his/her chest and part of his/her fingers by hand, pushed the victim's chest and part of his/her fingers into the victim's body when he/she saws the victim's body in order to get the victim's body, and then cut the victim's face and face into the upper part of the victim's back, and then cut the victim's body and face into the upper part of the victim's hand, etc. for about 12 weeks left.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Reports on internal investigation (related to witnesses);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The person who has been injured or has not been punished in the basic area ( April -1 year and June) (special sentencing factors) of the basic area of ordinary injury (category 1) in the case of violent crimes in the scope of the sentencing guidelines [the scope of the recommended punishment];

2. Determination of sentence: Determination of sentence in full view of the following circumstances, including the Defendant’s age, sexual conduct, motive and means of the commission of the crime, and circumstances after the commission of the crime, and the sentencing conditions as shown in the present case’s records and arguments after the commission of the crime.

(a) A favorable normal situation: A reflective point, a primary offender, an agreement with the victim, and an contingent crime;

(b) Unfavorable circumstances: The degree of injury is serious, etc.;

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