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(영문) 제주지방법원 2016.10.06 2016고단1318
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 27, 2016, around 00:50 on Jeju Island, the Defendant suffered damage to the broom of the Republic of Korea, which requires approximately four weeks of medical treatment from the victim E (the age of 51) and the broom of the victim's face due to the loss of the victim by leaving the bridge of the victim, going beyond the victim's face, and going beyond the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Persons whose basic area (4-1 year and 6 months) (including specially punished persons) is mitigated in accordance with the sentencing guidelines, the scope of recommendations [the scope of recommendations] on the sentencing guidelines shall be limited to the general scope of injury (the scope of recommendations] and the basic area (4-1 year and 6 months): The serious injury (including serious efforts to recover damage) or where considerable damage has been recovered; and

2. Determination of sentence: The Defendant’s age, character and conduct, environment, background and consequence leading to the instant crime, circumstances after the commission of the crime, sentencing cases in similar cases, and other various conditions of sentencing as shown in the pleadings of the instant case are considered. In particular, the following circumstances are considered: (a) the Defendant was in the instant crime by getting off and string the jackets, stating that he is a member of mountainous districts, which is the organization and violence of the Jeju region; and (b) having committed the instant crime by having injured the victim’s body several times; (c) the nature of the crime was inferior; (d) the degree of injury the Defendant inflicted on the victim; (e) the Defendant was sentenced to a fine on five occasions for the past violent crimes; and (e) the Defendant was sentenced to a suspended sentence of imprisonment with prison labor on April 2, 2009 for the crime of the Child Welfare Act.

I. The favorable circumstances: the defendant is the case.

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