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(영문) 대전지방법원 2018.05.11 2017고단4756
상해
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 4,471,880 won to the applicant for compensation. The defendant is above.

Reasons

Punishment of the crime

On August 28, 2017, the Defendant, at the Eel parking lot located in Ulsan-gu, Seoul-si, on the grounds that the victim C(24 years of age) did not work well, had the victim C (24 years of age), and caused the victim's chest on the hand floor once, with the victim's knee one time, with the victim's right side part of the body knee and one time with the victim's knee one, with the victim's right side part of the body knee, with approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

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

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under Articles 25 (1), 31 (1), 31 (2), and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Category 1 (General Bodily Sentencing) (person in charge of special sentencing) increased factors in the sentencing guidelines [the scope of recommended punishment] and aggravated factors: Six months to two years; heavy injury (the scope of recommended punishment):

2. Although the Defendant’s decision of sentencing reflects his mistake, considering the fact that the Defendant did not make efforts to recover damage even though the Defendant used violence against the victim for an injury requiring medical treatment for about 8 weeks, and that the victim is breading a severe punishment, a strict punishment is inevitable. Other conditions for various sentencing specified in the records and arguments of this case, such as the Defendant’s age, sexual conduct, environment, etc., and the scope of the recommended sentence (for an aggravated area, 6 months to 2 years of imprisonment) determined by the Supreme Court Sentencing Committee.

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