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(영문) 춘천지방법원 2017.08.21 2017고단289
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in death between the victim C (n, 18 years of age) and the victim.

On February 10, 2017, the Defendant, at the main underground parking lot located in Chuncheon City, around 04:50 on February 10, 2017, caused the victim's face and head at the victim's seat and head at a drinking and hand room. On the ground that the victim gets away from the victim's face and head of the victim's seat and head at the main parking lot, the Defendant, at around two weeks, sustained the victim by taking the victim's face and head into the main room and by taking the victim's face and head into the main room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (including a medical certificate attached thereto);

1. A written statement of C;

1. Application of Acts and subordinate statutes to reports on dispatch to scene of violence;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Recommendations type based on the sentencing criteria;

(a) Areas subject to mitigation of general injuries: February 1 to 1 year - Special mitigation elements: Minor injury, non sources of punishment - Special aggravation elements: motive of crime to be criticizeable;

(b) Suspension of execution: Suspension of execution / sentence - Grounds for negative factors: motive of commission to criticize - Grounds for positive factors: Insignificant injury or non-execution of punishment;

2. The Defendant, who was dead, assaulted the victim on the ground that the victim was danced with another male, and the perpetrator avoided the assault and thereby led the victim to have his face and head reconcept. In light of the motive, circumstance, etc. of the crime of this case, the fact that the crime of this case was poor is an element of sentencing unfavorable to the Defendant.

However, the fact that the defendant shows the appearance of recognizing and opposing the crime of this case, and the defendant does not want the punishment of the defendant in the victim's side by mutual consent with the mother of the victim (the victim is the same intention as the victim).

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