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(영문) 전주지방법원 2016.08.26 2016고단725
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 22, 2016, at around 22:00, the Defendant: (a) 14-10 p.m. (14-10 p.m. (hereinafter referred to as “the Defendant”); (b) the Defendant c. (72) and the Defendant c.i.e., the Defendant c. (e., the Defendant c., the Defendant c. (e., the Defendant c., the Defendant c. (e., the Defendant c. 72 p.) of the Defendant’s key face of the victim’s left side by asking the victim for approximately two weeks’s left part; and (b) caused the Defendant’s injury, such as the water c., the Defendant c.s.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Reviewing the sentencing criteria (the scope of the recommended punishment) and general injury to one category (the general injury) in the mitigation area (the imprisonment of two months to one year) (the imprisonment of two months) shall not be punished;

2. There are records of criminal defendant being punished several times for the same kind of crime that is disadvantageous to the decision of sentence.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of injury is relatively minor, and the defendant did not want the punishment of the victim by agreement with the victim.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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