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(영문) 광주지방법원순천지원 2020.11.11 2020고단1300
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 became final and conclusive.

Reasons

Criminal facts

At around 19:09 on April 18, 2020, the Defendant, on the ground that there was a dispute between the victim C (ma, 69 years of age) and the drinking and drinking, made the victim's face twice in each drinking, taken the victim's face several times in each drinking, taken the victim's face against the floor by putting the victim's head against the floor, taken three times the victim's face against the victim's face, and sustained the victim's blood transfusion for about six weeks in need of medical treatment.

Summary of Evidence

1. The police written diagnosis of the defendant's legal statement D, and the victim victim's photograph;

1. Application of Acts and subordinate statutes to report internal investigation (verification and analysis of CCTV images around the site), list of 112 reported cases of internal investigation reports (verification of the status of a victim, etc.), and list of investigation reports (STV image verification);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (special person who has a penalty): Reduction factors: Reduction area of punishment and non-compensation area (the scope of recommendation area and recommendation area], reduction area of punishment and imprisonment for February to October; and

2. Determination of sentence: The degree of assault committed by the Defendant for 8 months of imprisonment and 2 years of suspended sentence is more severe, and the degree of injury suffered by the victim is very negative.

However, as seen earlier, the victim did not want the punishment against the defendant, the defendant appears to have an attitude against his mistake, and the defendant's age, character and conduct, environment, family relationship, criminal records, circumstances leading to the crime of this case, and various conditions of sentencing stated in the arguments and records, such as the circumstances after the crime, shall be equally considered to determine the punishment as ordered.

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