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(영문) 제주지방법원 2013.10.25 2013고단873
상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on May 22, 2013, the Defendant: (a) went out of the “EM store” operated by the Victim D (A, B, 36 years of age) and did not calculate the drinking value; (b) the victim attached the Defendant; (c) changed the drinking value; (d) changed the victim’s face on the hand of the defective part; (c) changed the drinking value; and (d) changed the victim’s face to the one square; and (d) again, the victim demanded payment of the drinking value; and (d) caused injury to the victim, such as cerebrum and stropha, for which approximately three weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to medical certificates and investigation reports (or investigation of witnesses);

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

1. Suspension of execution: The scope of recommendation, sentence [the general crime group, general injury, type 1, basic area, April - 1 year and June] under the sentencing guidelines applicable by the Act and subordinate statutes (the sentencing conditions specified in Article 51 of the Criminal Act as stated in the reasons for sentencing below) and the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances: recognized as substitution of facts: the injury suffered by the victim is not serious; the injury suffered by the victim is not sufficient in light of the circumstances after the crime is committed; the fact that there is a number of criminal records of the same kind; and the fact that there are many criminal records of the same kind: the defendant's age and the previous criminal records are not higher than those of the defendant; the decision is made as per the disposition.

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