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(영문) 대전지방법원 공주지원 2016.07.22 2016고단118
상해등
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

1. In around 04:30 on February 14, 2016, the Defendant: (a) had the victim D (19 years old) who is an employee sent a phone call to the Defendant’s will; (b) had the Defendant gather telephone numbers; and (c) had the Defendant sent the phone numbers.

“Along with the Defendant’s drinking and hand floor, the part of the victim’s face was sent to the Defendant’s drinking and hand room, and the victim was sent to approximately 2 weeks of treatment.

2. The Defendant: (a) sent D at the same time and at the same place as above in paragraph (1) 1; (b) sent the victim E (21) who is an employee of the said establishment in the Kabter into one room; and (c) made the victim “ how to post-management” to the victim.

“Along with sound, assaulted the victim’s head, back water, and breast part of his/her breast in a number of the Defendant’s drinking and hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A report on investigation;

1. Application of an injury diagnosis certificate, on-site photographing statute;

1. Relevant Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment for a crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the first-class crime subject to the sentencing guidelines [the scope of recommendation] subject to the mitigated scope (two months to one year), (including a serious effort to recover damage), the punishment is not granted (including a serious effort to recover damage), or considerable partial damage is recovered, the second-class crime [the scope of recommendation] subject to the mitigated area (one month to eight months), or the mitigated area (including a serious effort to recover damage) subject to the mitigated area (one month to eight months), the punishment is not granted (including a person subject to a special mitigation), or damage is recovered from a considerable part, the final sentencing scope subject to the aggravated punishment for multiple crimes: February to April 1:

2. The defendant who has been sentenced to imprisonment with prison labor shall be sentenced to imprisonment with prison labor for the same kind of criminal records twice.

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