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(영문) 광주지방법원 순천지원 2015.08.19 2015고단361
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 11:00 on December 2, 2014, the Defendant calculated the drinking value at the baled bal site operated by the victim D (the age of 59) located in Macheon-si, the Defendant considered that he returned to the above baled bal site and carried out drinking alcohol again, around 12:00, approximately 12:00 hours, and the Defendant expressed the victim’s desire to read “Ilth, it was difficult to balth,” and that he was able to take part in the victim’s hair, shoulder, body, etc. on the basis of the victim’s head, fal, body, etc.

As a result, the Defendant inflicted injury on the victim, such as a chest aggregate that needs to be treated for about four weeks.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made to D by the police;

1. The photographer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Type 1 (General Bodily Inflicting) (Special Bodily Inflicting Persons): Where a person commits a crime by the threat of organization or multiple force, or by carrying a deadly weapon or other dangerous articles (Provided, That this shall not apply where the crime is subject to habitual injury, repeated injury, and special injury), the scope of recommended punishment on the sentencing criteria [decision on the recommended area] increased area (decision on the recommended area] 6 months to 2 years;

2. Where he/she commits a crime by the threat of organization or multiple force, or by carrying with him/her a deadly weapon or other dangerous things (the reason for general participation: negative) on at least two occasions a previous convictions of suspension of execution (the reason for general participation: negative) (the reason for general participation: negative): there is no effort to recover damage;

3. The degree of normal injury that is disadvantageous to the determination of the sentence is not easy, and the victim was hospitalized and received treatment (as stated in the investigation record No. 18), and the victim was punished by a number of violent crimes, and the fact that the defendant did not make a serious effort to recover from damage is relatively old.

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