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(영문) 광주지방법원 장흥지원 2018.08.30 2018고단90
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on April 20, 2018, the Defendant had a dispute with the victim D (n, 46 years of age) who was aware of, and drinking together, at C main points located in Heung-gun, Seoul around 01:0, the Defendant inflicted on the victim, who was aware of, drinking the victim D (n, 46 years of age) by drinking the victim, leading the victim's head, leading the victim's head, leading about about 10 minutes of the victim's head, and led the victim's head, etc. by hand, the Defendant sustained the victim's head, etc. for about 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (Attachment, such as a C-site photograph, etc., a photograph of hospitalization of a victim's hospital, and a photograph of the CCTV images of a C-place store);

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The elements of sentencing in favor of the defendant: The defendant acknowledges his mistake and reflects his mistake, the degree of injury is relatively minor, and the victim does not want the punishment of the defendant.

(k) Sentencing elements that are disadvantageous: The punishment heavier in light of the method of crime or the degree of violence, such as where the hair of the victim is well raised, etc.

(k) Sentencing Sentencing [Scope of Recommendations] General Sentencing 1 (General Bodily Injury) (one month-one year-one year-one) (Special Contributors) minor injury, non-existence of punishment

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