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(영문) 광주지방법원 2016.04.27 2016고단347
상해
Text

The punishment of the accused shall be determined by four months of imprisonment.

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

On October 8, 2015, around 23:15, the Defendant listened to the phrase “C” from the victim D (66 tax) who is a workplace volunteer in the “C” employee’s house located in Young-gun B, Nam-gun, Nam-gun, the Defendant got her head into the victim’s room and her hand, and was in the victim’s entrance room.

As a result, the defendant suffered bodily injury such as the franchising on the left-hand side of the traditional music, which could not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police (one time, two times) with respect to D;

1. Application of the legislation in its opinion;

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

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

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

1. Scope of recommended punishment on the sentencing guidelines: From four months to one year and six months (the type of determination) of imprisonment, the basic area of the first type (the determination of the recommended area) of bodily injury caused by violent crimes;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and conditions of crime committed, under the conditions specified in the fourth month (two years of suspended sentence) and the following circumstances:

3. Unfavorable circumstances: The degree of injury of the victim caused by the instant crime is not less severe; the victim's severe punishment is considered to be a contingent crime; the victim appears to be a contingent crime; the head is not a case where the victim was born with the head and the injury was caused by continuous assault; there was no record of punishment for the same crime for the last ten years; the defendant deposited part of the agreed amount for the victim (30 million won).

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