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(영문) 대전지방법원 공주지원 2016.08.12 2016고단133
상해
Text

A defendant shall be punished by imprisonment for four 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

On April 12, 2016, the Defendant: (a) around 22:35, the Cheongyang-gun’s house owned by the Defendant, the revenue victim C opened a door with the gate in a state of drinking alcohol by the revenue victim C; (b) caused the victim’s face at three to four times by drinking the bath defect; and (c) caused the victim’s injury, such as a closed pelle, inception, in which the victim needs to receive approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation;

1. Application of diagnostic certificates, on-site photographs statutes;

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. Where the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] is the mitigated area (two months to one year), the mitigated area (including a person specially mitigated), the punishment is not imposed (including a serious effort to recover damage), or considerable damage is recovered (the decision of sentence], the defendant has a number of criminal records of the same kind, and the defendant selects imprisonment.

However, it shall be taken into account that the defendant is led to confession, is in depth, and has reached a full agreement with the victim.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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