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(영문) 제주지방법원 2016.04.29 2016고단307
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2015, the Defendant: (a) at the entrance of the 2nd male lelebane of Daejeon Pungdong-gu, Daejeon, D 03:40 on December 16, 2015, the key the Defendant received at the 1st century does not coincide with the clothes key; and (b) was the victim E (56) who was the person in charge of the said lebs or the person in charge of the said lebs or the person in charge of the said lebs or the person in charge of the said lebscambling, and was boomed two times on the part of the Defendant.

As a result, the Defendant inflicted injury on the victim, such as inside and outside of the shores that require approximately six weeks of treatment, and double walls, etc.

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 the injury diagnosis certificate;

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

1. Suspension of execution: A circumstance favorable to the defendant is that the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act, including the following sentencing conditions), the defendant, who was later recognized all the criminal facts, appears later, and the defendant agreed smoothly with the victim after the prosecution.

(1) However, despite the fact that the Defendant had been punished for the suspension of the execution of the same kind of crime, the Defendant reached this case; ② the degree of injury of the victim is considerably heavy; ③ the parts of the injury are important in snow parts; ③ the Defendant, under the influence of alcohol, has committed contingent reduction of the instant case.

In light of the circumstances such as the fact that the Defendant was under the influence of alcohol and caused damage to the victim as an intentional crime without any particular reason, and the fact that the victim was unilaterally abused by the Defendant, even though the result of the instant punishment did not affect the Defendant’s occupation and status, it is necessary to punish the victim by selecting imprisonment even in consideration of the impact of the Defendant’s occupation and status.

The decision is judged.

As above, the above.

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