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(영문) 춘천지방법원 원주지원 2017.08.30 2017고단450
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 12, 2016, the Defendant: (a) in the residence of the Victim C (Min, 48 years of age) located in Won-si, Seoul on December 2, 2016; and (b) in the residence of the Victim C (Min, 48 years of age); (c) in which the Victim was lower; and

On the ground that he did not properly answer the drinking water properly, he saw the victim's neck and saw his face to 3 to 4 times of drinking, and suffered injury such as the subfluence of the treatment days due to the subfluence of the subfluence.

2. On January 19, 2017, around 22:40, the Defendant: (a) removed a small range of windows corrected on the ground that the victim did not exchange money to himself/herself, and that he/she did not exchange money to him/her; and (b) invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C (1, 2 times);

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

1. Relevant Article 319 of the Criminal Act, Articles 319 (1) and 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc. shall be determined as ordered in consideration of the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures.

Since the sentencing criteria are concurrent crimes with the crime of intrusion upon residence for which the sentencing criteria have not been set, the sentencing criteria are not applied, but the lower limit of the sentencing criteria is referred to.

[Scope of Recommendation] General In the mitigated area (2 months to 1 years), (200 to 200 to 200 to 200 to 300 to 200 to 200 to 300 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to

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