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(영문) 제주지방법원 2013.09.13 2013고단914
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 April 20, 2013, the Defendant: (a) around 20:55, on the street in front of the “E” restaurant parking lot operated by the victim C (n, 59 years of age) in Seocho-si; (b) as a result of moving a bus parked by the husband of the victim, the Defendant took a bath while the victim was under trial with the victim; and (c) took the victim’s face with his hand once with his hand, and put the victim with his face at approximately eight weeks of age on the floor, and put the victim inside and above the floor floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect C by the prosecution;

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

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Dismissal of a compensation order: The sentencing guidelines under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “order for Compensation”): The punishment shall be determined as ordered in consideration of all the following factors: the range of recommendations, sentences (general injury, type 1, mitigation area (special mitigation area, mitigation area, reduction area, 2 months - 1 year) and the following circumstances. The favorable normal circumstances are recognized and reflected; the victim recognizes and reflects the facts of crime; the victim’s injury is too old and suffered; circumstances after the crime (not making efforts to reach an agreement before a trial) are not easy; the defendant has a criminal record of the same kind of punishment; the fact that there is no previous criminal record after 1998 is considered as favorable to the defendant; the decision is made as ordered by the Disposition on other grounds, such as the motive circumstances and criminal records of the defendant;

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