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(영문) 전주지방법원 2016.06.23 2016고단541
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

Criminal facts

At around 1:42 on April 15, 2016, the Defendant expressed the victim E (57 years) in front of the Seojin-gu Seoul’s “D Singing room” on the front of the phone of the victim E (57 years). On three occasions, the victim’s face was removed from the floor, and then the victim’s face was removed from the floor again, and then the victim’s face was cut up once again, and then the victim’s face was cut down by a second step after the victim was voluntarily accompanied with the victim, and then the victim was able to take approximately two weeks of the victim’s face at the second hand even after the victim was voluntarily accompanied with the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the following circumstances: (a) the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including continuing violent events while investigating at the police box, etc.; and (b) the Defendant has been punished several times due to the same kind of crime, etc., at a disadvantage.

However, rather than edification by confinement, it seems that the defendant needs more re-satisfying process through taking violence treatment lectures, and the agreement with the victim is more favorable.

The punishment as ordered shall be determined by comprehensively taking into account the aforementioned circumstances, the overall circumstances and results of the instant case, as well as various sentencing conditions indicated in the records, such as character, behavior, career, and circumstances before and after the commission of the crime.

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