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(영문) 대전지방법원 공주지원 2017.11.24 2017고단312
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 25, 2017, the Defendant injured the victim’s chest by assault and assault: (a) around 21:05, at the house of the victim D (n, 59 years of age) located in Gongju-si, and (b) at the time of the victim D (n, 59 years of age) that the victim kid by the Defendant, a community resident due to the Defendant’s key, was pushed down two times by hand.

As a result, the defendant abused the victim, thereby resulting in the victim's injury to the right side side knee in need of approximately six weeks of treatment.

2. On June 25, 2017, around 21:05, the injured Defendant was at the house of the Victim F (63 years of age) located in Gongju-si, A, the Defendant’s wife, and the victimized person, the husband, took a bath to the Defendant, and took a part of the victim’s face one time due to the Darama.

As a result, the defendant suffered injury, such as the bones bones matry, etc. in need of three weeks of treatment at the time of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with respect to F;

1. Each police statement made to D or G;

1. Reports on internal investigation and reports on investigation;

1. Each injury diagnosis letter;

1. Application of field photographs and the Acts and subordinate statutes governing photographs submitted by victims;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act, Articles 262 and 260(1) of the Criminal Act, Articles 260(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The crime No. 1 applicable to the sentencing guidelines [the scope of the recommended punishment] and the crime No. 2 (including serious efforts to recover damage) in the mitigated area (two months to one year), [the person subject to special mitigation] in the mitigated area (including serious efforts to recover damage), or in the case of recovery of considerable damage, the crime No. 2 [the scope of the recommended punishment] in the mitigated area (two months to one year), in the mitigated area (two months to one year), (including special mitigation), in the mitigated area (two months to one year), in the mitigated area (including serious efforts to recover damage), or in the case of recovery of considerable damage, the final sentencing scope due to the aggravation of multiple crimes: February to February to February.

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