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(영문) 춘천지방법원 강릉지원 2014.09.03 2014고단625
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 June 12, 2014, at around 15:00, the Defendant, at the “C main point” located in Gangnam-si B, she mashed with the victim D (n, 47 years of age), and brought about a dispute with the victim with the victim, she was injured by the victim’s face, head, side urgical, etc. due to drinking and flaging, and the victim’s face, head, and side urging of plastic material located there is a difference from the part of the victim’s left eye, and caused injury to the victim, such as the snow pool, open body around the snow, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (hereinafter referred to as the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of the recommended sentences for the sentencing criteria [decision of types] : violent crime group, general injury, minor injury of category 1 in general (special mitigation) and minor mitigation area of punishment [Scope of the recommended areas]: two months of imprisonment and one year [Special Adjustment of the scope of the recommended sentences] - One year of imprisonment; and

3. The above sentence shall be determined by taking into account the favorable sentencing factors, such as the fact that the defendant recognized his mistake and divided, that the victim's injury is not much serious, that the victim has agreed with the victim, etc., and that the defendant has much record of being punished for the same kind of crime before the instant case.

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

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