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(영문) 제주지방법원 2016.12.22 2016고단2256
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 2, 2016, at around 06:00, the Defendant, while drinking alcohol like the victim B (the age of 59) who was known to the general public, inflicted an injury on the part of the victim, on the ground that the victim was unaware of the victim’s face when drinking alcohol, on the ground that there was a rest of misunderstanding that the victim was satisfing the Defendant, and the victim’s face would be cut off, thereby making two satisfs of the victim be cut off.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on investigation and related photographs;

1. Application of Acts and subordinate statutes to investigation reports (investigation into damage situations of victims);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Persons whose basic area (4-1 year and 6 months) (including specially punished persons) is mitigated in accordance with the sentencing guidelines, the scope of recommendations [the scope of recommendations] on the sentencing guidelines shall be limited to the general scope of injury (the scope of recommendations] and the basic area (4-1 year and 6 months): The serious injury (including serious efforts to recover damage) or where considerable damage has been recovered; and

2. Determination of sentence: The Defendant’s age, character and conduct, environment, means and consequence of the crime, circumstances after the crime, sentencing cases in similar cases, and other various conditions of sentencing as shown in the present argument are considered. In particular, the following circumstances are considered: (a) the Defendant: (b) was undermining the victim by saving the victim from a new wall to a restaurant in a discriminatory manner; (c) the Defendant did not take into account the motive for the crime; (d) was undermining the victim’s injury; (c) the Defendant was sentenced to the degree of injury; (d) was undermining the victim; (d) was sentenced to imprisonment with prison labor for committing violent crimes, such as murder, bodily injury, and violation of the Punishment of Violences, etc. Act; and (e) was sentenced to imprisonment with prison labor for more than four years; and (e) was sentenced to a suspended sentence of imprisonment with prison labor for more than five occasions; and

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