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(영문) 춘천지방법원 2016.09.20 2016고단295
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

On September 1, 2015, the Defendant, at around 18:00 on September 1, 2015, while drinking alcohol together with the victim D (33 tax) at the defendant's house located in Chuncheon City, the Defendant, on the ground that the victim stolen the E's article in relation to the Defendant and caused the victim to spread E, and the victim took care of the face of the victim, and the victim took care of about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police about D [in particular, the part of the statement that “the victim was hospitalized at F Hospital for about two weeks” (2: 32 pages of investigation record)]

1. Application of 15 copies of the photograph related to the case

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 on the observation of protection and order to attend lectures;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] set forth in the first type of violent crime group [the elements of special mitigation] the penalty is not permissible (the scope of the recommended punishment], two months to one year (the area of mitigation);

2. The Defendant, who was sentenced to punishment from around 200 to around 2015, was punished several times due to a violation of the Punishment of Violences, etc. Act, injury, assault, etc. In particular, on August 20, 2015, was sentenced to a suspended sentence of one year in April of the same month and was sentenced to a suspended sentence of one year in the same month on the 28th of the same month (Provided, That the period of the suspended sentence has expired as of the date of the sentence in this case) and the judgment became final and conclusive and conclusive during the period of the suspended sentence (the period of the said suspended sentence has expired) and committed the instant crime at another time is an unfavorable sentencing factor against the Defendant.

On the other hand, it seems that the defendant's mistake is divided and reflected, and the degree of injury of the victim is serious.

It is difficult to see that, in particular, the fact that the defendant did not want the punishment of the defendant due to the smooth agreement with the victim is an element of sentencing favorable to the defendant.

The age, sex, environment of the defendant, and others.

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