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(영문) 대전지방법원 서산지원 2019.10.16 2019고합33
중상해
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On April 28, 2019, at around 02:30 on April 28, 2019, the Defendant had a good appraisal with the victim for the reason that the victim F (22 years of age) was living together with C in D Building E, a woman-friendly ward C, which was located in Jin-si B, and had a bad appraisal with C, and had the victim hear the statement "F" from the victim, "Fari-gu's current male-child pabb", the victim was hacked and drinking, and the victim was able to take part in the victim's face at a time, and the victim was able to take part in the victim's face on the upper body of the victim who was located above the room, and was spambling with the victim's 12 weeks medical treatment, thereby causing danger to the victim's life by causing an unknown state of food, such as spamblinging the victim's 12 weeks medical treatment.

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Each police statement against C (in cases of the summary of evidence Nos. 12, 15 and hereinafter referred to as the "Evidence List"), only the number of evidence shall be indicated;

1. 119 emergency medical service log (11), diagnosis report (18), and diagnosis report (31);

1. Application of Acts and subordinate statutes to site photographs (7)

1. Article 258 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Reduction elements of types 2 (Special Aggravation) and reduction elements of punishment according to the sentencing guidelines (the scope of recommendation area and recommendation range), reduction areas (the scope of recommendation area and recommendation range), six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for a year and two months, the suspension of execution for a year and two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive and circumstances of the crime, means and results thereof, and other factors of sentencing as ordered.

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