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(영문) 광주지방법원 2016.06.29 2016고단1311
상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 21, 2016, at around 19:35, the Defendant suffered injury to the victim D (55 years of age) who had drinking alcohol at a c cafeteria located in Gwangju North-gu, Gwangju-gu, and caused the Defendant by scambling the snow part of the victim once by scambling the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Part of the statement made by the police against D;

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

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

1. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the scope of general injury to violent crimes [the scope of recommended punishment], the basic area of the first type (decision on the recommended area] (decision on the recommended area] (no special sentencing person) (the scope of recommended punishment] 4 months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions shown in the pleadings of this case, such as the intelligence, age, sex, environment, circumstances of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: In light of the part of injury and the part of diagnosis, the degree of injury is not easy.

There is no effort to recover damage.

The favorable circumstances: The victim has caused the crime, such as paying trial expenses first to the defendant.

It is a contingent crime.

There is no record of punishment for violent crimes since 2002.

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