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(영문) 춘천지방법원 2016.07.12 2016고단359
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 February 14, 2016, the Defendant: (a) 01:27, around 01:27, the Defendant boarded the victim E (54 tax) in the front of “D” in Chuncheon City; and (b) went to the south-west market.

However, while driving a taxi, the Defendant demanded the victim to stop the taxi in accordance with the new code, and the victim rejected it.

On February 14, 2016, the Defendant, at around 01:35, arrived at the top of the “Hel” located in Chuncheon City G, G, the purpose of which is 01:35, followed by one hand the victim’s head and the cell phone used in another hand, and led the victim to the victim’s head and the head of the victim’s cell phone used in the other hand, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E (first time, sequence 6 of evidence);

1. A medical certificate;

1. Application of statutes on field photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] set forth in the first type of violent crime group [the elements of special mitigation] the penalty is not permissible (the scope of the recommended punishment], two months to one year (the area of mitigation);

2. The Defendant was sentenced to imprisonment with prison labor, a suspended sentence, and a fine on several occasions from around 1996 to around 2015 due to a violation of the Punishment of Violences, etc. Act, injury, assault, etc. In particular, on March 11, 2015, the Chuncheon District Court sentenced the Defendant to a suspended sentence of four months of imprisonment with prison labor for the crime of injury, and was sentenced to a suspended sentence of one year on March 19, 2015, and the said judgment became final and conclusive on March 19, 2015 (Provided, That the period of the said suspended sentence has expired as of the date the judgment was sentenced, and the Defendant committed the instant crime at another time without being aware of it during the suspended sentence period (

On the other hand, it seems that the defendant's mistake is divided and reflected.

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