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(영문) 대전지방법원 논산지원 2015.01.06 2014고단320
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 13:05 on July 1, 2014, the Defendant: (a) purchased and drinked the victim D (Nam, 29 years of age) in E Convenience operated by the victim D (Nam, and 29 years of age); (b) at the E Convenience point operated by the Defendant, the Defendant: (c) purchased the victim’s side of Denmark citch milk; and (d) took part in the victim’s resistance on the victim’s face for the reason that the victim would be bad; and (e) took part in the victim’s body fighting; (c) took part in the victim’s arms and legs; (d) took part in the victim’s face; and (e) took part in the victim’s side gate and bridge on several occasions; and (e) took part in the victim’s injury, such as duplic dumfing, which requires treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in F and D;

1. Each description or image of each injury diagnosis letter and field photograph;

1. Application of video-related Acts and subordinate statutes to USB;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of sentenced punishment: One month to seven years of imprisonment;

2. The basic area of the sentencing criteria [determination of types of punishment] the group of violent crimes, the general category of injury (the scope of recommending punishment]: Imprisonment with prison labor for not less than four months but not more than one year and June: The serious serious factors for special mitigation that the victims are fully responsible: The serious injury.

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution or not: The sentence of serious injury (the main reason for the suspension of execution): The positive injury that the victim is also responsible for: the negative consequence that there is no contingent crime, nor a criminal conviction heavier than a suspended execution: twice before a fine for violence; the lack of social ties; the absence of serious anti-discrimination; and the absence of efforts to recover damage (comprehensive comparative assessment); the above main reasons for the suspension of execution, general participation reasons; and all the circumstances shown in the arguments of this case, shall be comprehensively taken into account, and the sentence of imprisonment as per the order shall be imposed.

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