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(영문) 제주지방법원 2013.10.29 2013고단1239
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 2, 2013, around 21:15, the Defendant, at the residence of the Defendant located in Jeju-si B, sustained a disturbance, such as: (a) the victim C (the 55-year-old-old-year-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to damaged parts' photographs and diagnostic reports;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Probation: Recommendations, sentences and scope [the general crimes of violence, general injuries, types 1, basic areas, April - one year and six months] on the grounds of sentencing in the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and the following circumstances are considered to be determined as the order. favorable circumstances: The facts that recognize the facts of crime and seriously reflects the circumstances; circumstances that may be taken into account in part in the course of crime (the victim's house was found to be of a pre-trial day): The injury suffered by the victim is not easy; the injury was not recovered; multiple criminal records including the same criminal records are included; the fact that there was a number of criminal records, including the same kind of criminal records, and the fact that there are no criminal records for the same suspension of execution after 192 are considered to be favorable to the defendant; and it is so decided as per Disposition for the reasons above: the defendant's age, health conditions, and existing criminal records.

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