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(영문) 대전지방법원 서산지원 2015.05.14 2014고단950
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

On July 27, 2014, at around 16:00, the Defendant brought about a dispute with the victim F (50 years of age) in the E-house, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and brought about the victim's face on the hand by making the victim's face one time, and caused the victim to suffer approximately 42 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G and H;

1. Application of Acts and subordinate statutes to medical treatment request and diagnostic certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act [the scope of recommendation] general injury (the range of general injury) where mitigation area (the person subject to special mitigation) [the person subject to special mitigation] or considerable damage has been mitigated (including efforts to recover damage), or where considerable damage has been restored [the decision of sentence] the fact that the defendant committed serious injury in need of medical treatment for about six weeks to the victim even though he had been sentenced several times of punishment including the same crime, even though he had been sentenced several times of punishment, is disadvantageous to the defendant. The fact that the defendant agreed with the victim is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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