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(영문) 전주지방법원 2017.11.10 2017고단1500
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 May 6, 2017, the Defendant: (a) incurred damages to the Victim E (54) within the territory of “D” located in Full-Time Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on May 6, 2017.

During the period of time for the reason that the victim was in high interest, the victim was pushed down within the above main toilets, kneeker was faced with the face of the victim, and the victim was pushed down several times after leaving the toilets, and then the body of the victim was generated, thereby causing about four weeks injury to the victim, such as a complete escape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to medical treatment;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reviewing the sentencing criteria (the scope of the recommended punishment) and general injury to one category (the general injury) in the mitigation area (the imprisonment of two months to one year) (the imprisonment of two months) shall not be punished;

2. On September 8, 2015, the judgment became final and conclusive on September 16, 2015, on the following grounds: (a) the degree of injury suffered by the victim was not somewhat minor; (b) the Defendant was punished by a fine for the same kind of crime; (c) the Defendant was sentenced by the former District Court on September 8, 2015 to a violation of road traffic law (non-licenseless driving); (d) the offender was also punished by imprisonment with prison labor for a violation of the Guarantee of Automobile Compensation; and (e) the suspension of execution for a violation of the Guarantee of Automobile Compensation (former District Court Decision 2015 Height 915).

There is a crime committed during the crime of this case.

The favorable circumstances include the fact that the defendant recognized the crime of this case and that the defendant agreed with the victim.

Article 51 of the Criminal Act that is shown in the records of this case, such as the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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