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(영문) 서울중앙지방법원 2013.07.25 2013고단3277
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2013, the Defendant: (a) around 16:10 on June 2, 2013, on the ground that the victim C (V, 60 years of age) around Jongno-gu Seoul and C neglected the Defendant, and (b) Chewing.

(1) N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L

"At the same time, the victim's chest was pushed down one time with his finger, and turned over the ground floor, three times the victim's chest part was taken, and the victim suffered injury, such as a chest fright, which requires treatment for about 14 days, on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended sentence based on the sentencing guidelines [type of punishment] shall be limited to the range of general injury, general injury (special sentencing factors] minor injury (the scope of recommending punishment] : imprisonment from two months to one year (whether suspended sentence is suspended or not) / The grounds for suspending execution are comprehensively compared and assessed - The major reasons for suspending execution - Where the major reasons for suspension of execution are not more than three times within five years: fine previous convictions for the same kind of crime and major reasons for pride - In cases where minor injury and the attitude of committing a crime are minor: No effort to recover damage - General reasons for non-refluence: contingent crimes

2. The sentence of sentence shall be judged as ordered by taking into account the following factors: (a) there is concern that the defendant who has been determined by the sentence of sentence is responding to violence, or that the defendant's wrong recognition is against his/her will; (b) the degree of injury suffered by the victim is not serious; (c) the defendant's diagnosis of problems and control of appraisal through probation procedures, etc.; and (d) the age, character, conduct, environment, etc. of the defendant is considered to be necessary to improve

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