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(영문) 대전지방법원 천안지원 2017.09.27 2017고단1480
상해
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on May 25, 2017, the Defendant: (a) directed the victim E ( South Korea, 40 years of age) at the D office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) sent to the victim E on the same day that he did not go to the above D; (c) taken the face of the victim by drinking and knee, etc.; (d) taken the victim out of the above office; (e) taken the victim out of the above office, taken the victim's face and knee, kne, etc.; and (e) taken the victim's body face and knee, taken the victim out of the above office, taken care of about 8 weeks of the victim's body, taken care of the victim, and taken care of about 8 weeks of the victim's body, the victim's alley dembs, defrating the eye around the eye, hicking of eye, hne, and sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of victims on the scene;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Criteria for sentencing [Scope of Recommendation] General Injury (referring to a person who is in the process of committing a serious injury) in the area of aggravation (referring to six months to two years) (special mitigation)] of the area of aggravation (referring to a person who is subject to special mitigation) / Act on the Number of Crimes (referring to a person who is in the process of mitigation) of general injury;

2. The degree of assault by the defendant in the decision of sentencing is serious and the method of such assault is very cruel.

The degree of injury suffered by the victim is very heavy.

In the past, the defendant is punished for assault or bodily injury, or whose indictment is suspended or family protective disposition is taken.

However, the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol, and is currently recognizing and opposing his mistake.

The victim provided considerable amount of compensation as compensation for damage and agreed smoothly.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, sex, environment, and crime.

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