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(영문) 청주지방법원 충주지원 2018.10.12 2018고단285
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 7, 2018, the Defendant: (a) around 23:20 on March 23:20, 2018, within the main point of “D” located in “D” located in Chungcheongnam-si, the Defendant left the body of the victim by putting the head of the victim’s head, putting the victim’s head into the upper floor, and then putting the victim’s body over the upper part of the victim’s body.

the hyp of this year must die. The hyp of the same year

The term “the victim’s neck” refers to the victim’s neck for about 10 minutes by hand and divided the victim’s neck, and the victim inflicted injury on the victim, such as dump dump, dump dump, fump, tension, and tension that require treatment for about 14 days in the number of days of treatment.

Summary of Evidence

1. Legal statement of the witness B;

1. Photographs description;

1. - The written diagnosis of injury [the defendant denies the facts charged, but the witness B's legal statement does not conflict with other evidence, and is sufficiently trusted in light of the attitude of legal statement, etc., and according to the above testimony and the photograph of the injured party, etc., the defendant merely raped or divided the victim's neck.

It is difficult to see that the fact of cutting the victim's timber by hand is difficult to see, and can be recognized.)

Application of Statutes

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. The sentencing criteria [Scope of the recommended punishment] general injury category 1 (General Bodily Injury) (from April to January 1) and the basic area (special sentencing factors) (the scope of the compared sentencing guidelines with the recommended sentencing factors): April to January 1; and

2. The method of committing a crime is very dangerous, such as cutting down the victim’s timber in a short time at a space where the victim has been sentenced to punishment. In light of these circumstances, several times of criminal punishment for violent inclinations crimes and repeating similar types of violent crimes. In light of these circumstances, a person choose imprisonment, but the injury itself does not have much weight, and the victim expressed his/her intent that he/she does not want the Defendant’s punishment.

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