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(영문) 대전지방법원 천안지원 2015.09.21 2014고단1581
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

A. On April 15, 198, at around 00:10, the victim F (n, 49 years of age) operated in Seo-gu, Seo-gu, Seo-gu, Seo-gu, the victim was the defendant under the influence of alcohol. However, the victim was injured by brain salute, etc., which requires treatment for about 21 days for about 21 days for drinking to the victim on the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning F;

1. C’s statement;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate;

1. Relevant Articles 319 (Influence of Residence), 257 (1) (Influence of Influence), and 257 (1) (Influence of Influence) of the Criminal Act;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend Education are concurrent crimes with those of which sentencing guidelines are not set, and the following facts are referred to only to the lowest limit. The sentencing criteria for the crime of injury are examined. The sentencing criteria for the crime of injury are examined as follows. The general injury (including general injury), mitigation factors (including efforts to recover damage), the scope of recommendation types (two to one year) * 2 crime (crime of injury to victims C): The general injury type 1, mitigation factors (including minor injury, punishment costs, and serious efforts to recover damage), the scope of recommendation types (including one to one year), the maximum sentencing range (1 to one year), the number of concurrent crimes (the maximum limit of crimes of crime No. 1 to two years), the result of the examination of sentencing criteria for the crime of injury: the fact that the majority of crimes (including the maximum punishment of crime No. 21) and the fact that the punishment of this case is set more than that of the crime of this case during the period of suspension of execution, despite the fact that the punishment of two or more severe punishment has been agreed.

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