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(영문) 대전지방법원 논산지원 2014.04.08 2013고단419
상해
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 8, 2013, at around 23:40, the Defendant met with the victim E (Nam and 70 years of age) in the “D” entertainment bar located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and had a conflict with the victim’s face who satisf F, twice as drinking, the Defendant satisfyed the victim’s face at the victim’s face who satisfy on two occasions as drinking, and satisfyed the right chest at one time, the Defendant satisfy, etc. for about four weeks to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement made by the police officer on F;

1. Application of each description or image-related Acts and subordinate statutes to each photograph and each injury diagnosis report;

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: One month to seven years of imprisonment;

2. The basic area of the sentencing criteria [decision of types of punishment] the group of violent crimes, the general category of injury (the scope of recommending punishment]: Imprisonment with prison labor for a period of four months to one year and six months: None of special factors / None of them:

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution: There is no negative reason that there is no positive reason: there is no positive reason for the suspension of the execution [general reason for writing]. There is no negative reason that there is no contingent crime, considerable deposit, or no criminal record exceeding the suspension of the execution. [General comparison and assessment] The defendant is when the defendant is a victim who is not the other party to the dispute, the degree of injury of the victim is not easy, and that there is no agreement with the victim is an unfavorable circumstance.

However, it seems that contingent crimes appear as a result of contingent crimes, the damage is increased due to the victim's ordinary health condition, the defendant deposited 2 million won with the victim as the victim, and the defendant did not have the same criminal record as the defendant and did not have any criminal record of suspended execution.

The age, character, conduct and environment of the accused.

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