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(영문) 광주지방법원 장흥지원 2018.09.20 2018고단104
폭행치상
Text

A defendant shall be punished by imprisonment with prison labor 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

Punishment of the crime

around 19:00 on February 20, 2018, the Defendant called “A community hall located in Heung-gun, Nam-gun, and the victim D (n, 67 years old)” in this case, “E is good for the victim to have knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife n

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a certificate of injury to D;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The elements of favorable sentencing: The defendant recognized his mistake and against himself, there is no record of criminal punishment, and when the defendant has lost her children due to traffic accidents, there are circumstances that can be considered in the circumstances of this case by hearing the sound of the victim's flag while under the influence of alcohol and assaulting the victim.

An unfavorable sentencing factor: The degree of injury suffered by the victim is very serious, the damage is not recovered, and the victim wants to punish the defendant.

(k) Sentencing (Scope of recommended punishment) : The basic area (from April to two years) of the crime of assault.

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