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(영문) 광주지방법원 목포지원 2020.01.31 2019고단870
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

On April 14, 2019, around 06:15, the Defendant: (a) claimed the Victim B (the 25-year old) to her for the reason that the Victim B her for a trial fee; (b) however, the Defendant got her for the victim’s own Daca and the Defendant’s bridge, and (c) caused her for the victim’s face on two occasions by drinking, resulting in an injury, such as the removal of the inside and the floor in need of 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to investigation reports (audio recording files and medical certificates attached);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury (special person) - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the element of mitigation: In cases where the victim is also responsible for the occurrence of a crime or the expansion of damage, serious injury (the scope of recommendations and recommendations) [the scope of recommendations] basic area, April to one year and six months [the general person who is sentenced to mitigation] - The element of mitigation: non-criminal records [ there are no grounds for suspension of execution] - Major pride grounds: Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, there is no history of criminal punishment.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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