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(영문) 광주지방법원 목포지원 2017.01.26 2016고합132
중상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2016, the Defendant: (a) took a dispute with the victim D (35 years of age) in a singing room located in B-B-2 floor at Hopospoon on October 4, 2016; (b) took a part of the victim’s face at the entrance of the said singing room; (c) took part of the victim’s face; and (d) took part of the part of the victim’s face that is going out, and had the victim take part of the part, and 1/4 of the end of the said part of the victim’s face; and (e) took part of the victim’s face, the Defendant caused the victim to cause the injury to the victim by cutting that requires approximately four weeks of treatment; and (e) took part of the loss of high-tech parts, and caused the damage to the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each investigation report (attached a written statement of intent and a medical certificate, and attaching on-site CCTV image data and recording data A of victims);

1. Application of Acts and subordinate statutes to the scene of damage and photographs of damaged parts;

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Application of the sentencing criteria [the types of decisions] and injury (the type 2) (the person subject to special sentencing] among the general injury to the group of violent crimes: Reduction elements: Imprisonment with prison labor for 6 months or 1 year and 6 months (the area of mitigation of punishment).

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years; the crime of this case resulted in a defect in speech functions, etc. by the defendant's appearance of the victim's face and allowing 1/4 of the victim to well-being; and the crime of this case is serious in light of the methods and results of the crime.

However, the defendant has recognized all of the crimes of this case and is in profoundly against the defendant, and the defendant has brought about a contingent crime while having a dispute with the victim of sexual intercourse with the victim.

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