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(영문) 대전지방법원 천안지원 2014.05.16 2014고단90
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On December 30, 2013, around 00:35, the Defendant: (a) under the influence of alcohol in front of the “D” restaurant located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) led the victim E (the age of 21) who was waiting for a taxi at a drinking place to twice the face of the victim E in drinking; (c) took the face of the victim E-and-child victim E (the age of 21) who was drinking once a week, and inflicted injury on the victim B, by taking the victim’s face of the victim E-and-child victim E (the age of 21) who was waiting for a taxi at a drinking place.

Accordingly, the defendant assaulted the victim E and inflicted an injury on the victim B.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, written statements of B and E;

1. Written opinions of opinions;

1. Application of Acts and subordinate statutes to photographs of suspects and victims;

1. Article 257 (1) and Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the crime, the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Articles 25 (1), 31 (1) and (3) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. A primary crime: A serious injury committed in the area of aggravation (six months to two years of imprisonment) of category 1 (the scope of recommending punishment) as a general injury;

2. Second offense: A case where the degree of violence is minor in the mitigated area of mitigated punishment (one month to eight months of imprisonment) for a crime of assault (the scope of recommending punishment).

3. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months to two years.

4. Grounds for serious reflect (whether to suspend execution or not) on the basis of the criteria for the suspension of execution or general prison (general mitigated): To deposit a portion of money that is clearly related to social relationships, contingent crimes, or criminal records of suspension of execution or more criminal records, if the result of serious bodily harm occurs;

5. Each sentencing factor, the scope of recommended sentencing guidelines, and the instant case.

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