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(영문) 춘천지방법원 강릉지원 2014.06.25 2014고단329
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2014, at around 22:25, the Defendant arrived at the entrance of the Gangnam-si apartment, the destination of which is the taxi driven by the victim C (the age of 59) and notified the victim of the phone number of the Defendant’s cell phone number by stating that “The Defendant has no charge.”

Accordingly, when the victim turns in the taxi driver's seat after telephone, the defendant continued to sit in the back seat, and the victim sees the suspect, and the victim sees the suspect, and sees the victim's face with a lush floor, the defendant was able to take the face of the victim.

Accordingly, the defendant laid the inside side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act, which is advantageous to the reasons for suspended sentence (hereinafter referred to as the following reasons);

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] : violent crime group, general injury, minor injury (special mitigation) of type 1 in general, and non-exclusive injury (decision of the recommended area] in the mitigated area: two months of imprisonment with prison labor for not less than two months - one year [special adjustment of the scope of sentence] - one month of imprisonment with prison labor for not less than one year (at least two special mitigation persons);

3. Determination of sentence: The above sentence shall be determined by taking into consideration the favorable sentencing factors, such as the fact that the accused who has been punished for the same kind of crime in the suspension of four months of imprisonment with prison labor and the accused recognized and repented his mistake, the fact that the accused has committed any contingent crime under the influence of alcohol, the degree of injury of the victim is minor, and the victim did not want the punishment against the accused by agreement with the victim.

It is so decided as per Disposition for the above reasons.

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