(영문) 광주지방법원 목포지원 2015.11.05 2015고단953

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자간(%)

(영문) 광주지방법원 목포지원 2015.11.05 2015고단953

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 00:30 on July 18, 2015, the Defendant: (a) suffered a dispute with the Defendant’s spouse E on the ground that the Defendant was unable to get a telephone while drinking; (b) together, the victim F (33 years of age) who dices alcohol was prevented; (c) the victim’s face was tightly boomed; (d) the victim’s left side side part of the victim’s body was walking back several times, and caused the victim’s injury, such as the closure of the inner wall and the wall requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a medical certificate and statutes governing damage photographs;

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Determination of types of crimes: General injury resulting from violent crimes in general;

2. Determination of the scope of sentence: Basic area, April to one year and six months (the person who is an act of special aggravation shall be assessed equally with the person who is an act of no penalty, serious injury, or special mitigation: Shall be assessed equally with the person who is an act of no penalty);

3. Determination of sentence and suspended execution are recognized and against the defendant's mistake, the agreement with the victim after the prosecution of this case is made, the defendant at the time of committing the crime of this case seems to have been partially abused by the victim, the defendant's age, family relationship, etc. shall be determined within the scope of the sentencing criteria and the execution thereof shall be suspended on condition of probation.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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