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(영문) 광주지방법원 목포지원 2016.04.08 2015고단1744
상해
Text

A defendant shall be punished by imprisonment for 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

On September 25, 2015, at around 17:00, the Defendant inflicted an injury on the victim C (73 Does) of the Defendant’s arm’s length in front of the Hamba-gun Duma Center. On September 25, 2015, the Defendant plplaled the Defendant’s arm’s length over 73 Doctrile between the Defendant’s vaga, and caused the Defendant’s arm’s length in front of the Duma-gun Duma, and caused approximately 8 weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Articles 32 (1) and 25 (3) (limited to cases where the scope of liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. [Determination of type] General injury by violence: One type (general injury);

2. [Special Sentencing person] - Reduction element: In cases where the injured party is fully responsible for the occurrence of a crime or the expansion of damage, serious injury:

3. [Determination of the territory of recommendation and the scope of punishment for recommendation] Basic Field, imprisonment for April to one year and six months;

4. [Persons who are in general sentencing] mitigated factors.

5. [whether or not a stay of execution] - positive factors: - Where the injured party is fully responsible for the occurrence of a crime or the expansion of damage - positive general factors : Social ties clear, contingent crimes, serious reflects, deposit of a reasonable amount (50 million won), or criminal records of a stay of execution or more, accompanying excessive difficulties that the defendant's detention is excessive to his dependants.

6. [Determination of Sentence] The grounds for each of the above sentencing, the relationship between the defendant and the victim, the community residents where the defendant living together appeal against the defendant, and the defendant's age, sex, family relation, environment, circumstances and result of the crime, etc. are revealed in the arguments in this case, including the circumstances after the crime.

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