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(영문) 광주지방법원 목포지원 2014.12.08 2014고단1289
상해
Text

A defendant shall be punished by imprisonment for not less than three 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 09:40 on July 11, 2014, the Defendant issued an order to Dda in Catur 605, which was located in Datur B, to Datur 605, and the victim E (the age of 34) who is a multi-user of Datur, had been late. The Defendant expressed the victim’s desire to “the same multi-years shall be dead,” and expressed 20 times the victim’s head, face, shoulder, and distribution as drinking, fatd the victim’s fat, fatd the victim’s fat, and fatd the victim’s fat and fatd the victim’s fat in 4 to 5 times, so that the victim’s fat, etc. need to be treated for approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of police officers regarding E (the first, replacement);

1. E statements;

1. A written diagnosis of injury;

1. Application of the statutes on suspect E-victim photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: General injury to a violent crime;

2. Determination of the scope of sentence: The lower limit of the scope of sentence is to be mitigated by 1/2, since there are at least two mitigations, one month, and two or more mitigations.

1. A person who is subject to special mitigation: A person who commits minor injuries or commits special mitigation: A person not subject to punishment.

3. Determination of sentence and suspension of execution shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused has agreed with the victim, the fact that the injured party is minor, the age, character and conduct, etc. of the accused, and the sentence shall be suspended;

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