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(영문) 광주지방법원 순천지원 2020.04.10 2019고단2044
상해
Text

A defendant shall be punished by imprisonment for six 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 21:30 on June 5, 2019, the Defendant: (a) took the victim D(49 years of age) out of the Defendant’s main shop E and Si guard; (b) took the victim out of the main shop; (c) taken the victim’s body parts into several times due to the victim’s hand and body parts; and (d) taken the victim’s head into the steering warehouse to take the victim’s head into the victim’s body, and taken the victim’s face into the victim’s face into drinking.

As a result, the Defendant inflicted injury on the victim, such as a feld feld feld feld, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Submission of photographs of damaged parts;

1. A written diagnosis of injury;

1. A criminal investigation report (as to the attachment ofCCTV image data), CDs;

1. Application of video-related Acts and subordinate statutes shampling the body of a victim before entering the drinking warehouse, which is a place of violence (ba. 24);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of type] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including special person who has a sentence): Reduction element of punishment: The factors of aggravation of punishment (including serious efforts to recover damage): the basic area of injury (the recommended area and the scope of recommendation], the basic area of imprisonment with prison labor for April to June;

3. Determination of sentence: Determination of sentence for six months, suspension of execution of one year shall be made by taking into account the circumstances unfavorable to the victim, or the fact that the victim does not have any criminal record exceeding the previous fine, and the circumstances leading up to the occurrence of this case, etc.;

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