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(영문) 전주지방법원 남원지원 2016.11.15 2016고단185
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 September 5, 2016, at around 23:30, the Defendant rendered a bath to the victim E (the aged 52) who had sleeped with the cans at “D subject” located in Namwon-si, Namwon-si, without any reason, at the expense of the Defendant, and was in dispute with the victim during the dispute with the victim, sleeping the victim’s breath, and slicking the face part of the victim who had slicked in the cans of beer, and slicked the victim with approximately two weeks’ face part of the victim who had slicked in the cans at once on the floor, without a flood control for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Ctv closure screens and sct closure photographs;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant, even though having been subject to criminal punishment several times, including one time of suspended sentence due to the same criminal act, has committed the instant crime, and that the Defendant inflicted bodily injury on the victim without any particular reason, the responsibility is not weak.

However, the sentence shall be determined as ordered in consideration of the fact that the victim agreed with, the extent of damage is relatively minor, the defendant's mistake is recognized, the circumstances favorable to the defendant, and the overall sentencing conditions shall be comprehensively considered.

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