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(영문) 광주지방법원 목포지원 2015.08.24 2015고단609
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2015, the Defendant, at around 01:00, suffered injury, such as an opportune, flag, etc., in which the victim B (the age of 46) had a dispute with the victim C, and the face of the victim was taken by drinking home, and the victim was able to walk the victim's face and satis, etc. several times, and suffered injury to the victim, such as an opportune, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. Investigation report (Attachment of a medical certificate of injury of a victim);

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear);

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Aggravation, six months to two years (in cases of special aggravation, injury).

3. Although the victim suffered serious injury as to whether to render a sentence or suspend execution, the Defendant has determined the sentence against the Defendant within the scope of the sentencing guidelines in consideration of the following factors: (a) the Defendant has recognized and reflected his mistake; (b) the Defendant appears to be not sufficient amount; (c) the Defendant deposited 4 million won for the victim; (d) some of the circumstances in this case exist; (c) the Defendant appears to have been subject to criminal punishment exceeding the fine; (d) the Defendant has no record of criminal punishment exceeding the fine; (e) the Defendant’s age, character and conduct

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