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(영문) 대전지방법원 서산지원 2019.07.10 2019고단254
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

At around 05:30 on November 3, 2018, the Defendant discovered that the victim D(34 years of age) was aboard the Defendant’s vehicle in front of Seosan City B, and assaulted on the floor by pushing the victim with his hand in order to get off from the vehicle, cutting down the victim’s arms and spath, cutting down the victim’s face on the floor by cutting down the her arms and spath, cutting off the victim’s face by drinking the victim’s face, selling the victim’s body, etc. beyond the floor in hand.

As a result, the defendant suffered injury such as a 1 cage cage cage cage cage cage sage cage sage sage sage fages

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to CCTV images and a written diagnosis of injury at crime scene;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. In light of the determination of sentence, methods of assault, etc., the nature of the crime is not good, and the injury of the victim is not weak;

However, the fact that the defendant recognized a mistake and reflects it, and that the defendant agreed with the victim shall be considered as favorable circumstances.

Other circumstances shown in the records and pleadings, such as the age, character and conduct, environment, records of crimes, circumstances after crimes, etc., shall be determined as the sentence as ordered, comprehensively taking into account the circumstances shown in the records and arguments.

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