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(영문) 전주지방법원 2017.05.11 2017고단451
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 28, 2016, the Defendant: (a) prevented the installation of electrical facilities on the 7th floor of the Seo-gu Seoul Special Metropolitan City B Studio 7th floor, Seojin-gu, Seoul Special Metropolitan City on December 15:50, 2016, but, on the ground that the victim was not able to hear the horses, and (b) led the victim to a dump typ typ which requires approximately two weeks of treatment on the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A report on internal investigation:

1. A report of a department related to the report of 112 case and a medical certificate of injury;

1. Application of the photographic Acts and subordinate 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] general injury (the person subject to special sentencing] shall not be punished (the scope of the recommended punishment], two months to one year (the area of mitigated punishment).

3. In this case, when a dispute arises with a neighboring victim as a matter of electrical construction with a neighboring victim, the defendant is not liable for a case of inflicting bodily injury on the victim without any special circumstance, and the defendant again commits the crime of this case even though he has been punished several times due to the same kind of power and various kinds of power, etc., which are disadvantageous to the defendant.

However, it is important that the defendant recognized the facts of the crime of this case and expressed his intention to reflect on the mistake, agreed with the victim, and the degree of multiple injuries is to the extent that the treatment of two weeks is required.

The fact that it is not visible is the circumstances favorable to the defendant.

In addition, in consideration of all other circumstances provided for in Article 51 of the Criminal Act, the punishment shall be determined within the scope of the sentencing guidelines as ordered and the execution of the sentence shall be suspended.

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