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(영문) 전주지방법원 2018.08.23 2018고단964
상해
Text

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

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

Reasons

Punishment of the crime

1. On November 29, 2017, at around 18:50, the Defendant: (a) took a 'D' restaurant located in the area D' C located in the area D' (45 years of age) and a horse fighting, the Defendant was at the time of three times by his/her son’s boom and face.

As a result, the defendant damaged the victim's reputation in the number of days of treatment.

2. The Defendant, in front of the entrance door of the “G” store located in Suwon-si, Suwon-si, Suwon-si, 20:09 on the same day, was cut off with the victim, making it possible for the victim to drink, and took part in several times in the victim, who was in a horse fighting with the victim.

As a result, the defendant suffered an injury such as cage cage cages at the left-hand side in need of approximately 6 state treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A medical certificate of injury, part of an injury, or on-site photograph;

1. Each investigation report (on-site and ctv search and investigation);

1. Application of Acts and subordinate statutes to an investigation report (a written additional opinion on a victim and a diagnosis of injury);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each of the crimes of injury [determination of types] and no one (general person in general in sentencing) (the scope of recommendation sentence) (the scope of recommendation sentence) exists; April to June (the basic area)

(b) Application of standards for handling multiple crimes: April to February, and March;

2. The criminal defendant shall be punished by imprisonment with prison labor, considering the fact that the degree of injury of a victim determined to be sentenced is not minor and that the victim has not received his/her license, and that the criminal defendant has a record of criminal punishment twice for violent crimes;

Some favorable circumstances such as the fact that the defendant's mistake is recognized and reflected, the fact that the defendant deposited 3 million won for the victim, and the fact that the defendant has no record of being punished for violent crimes for the last ten years or more, and the defendant is the defendant.

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