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(영문) 전주지방법원 2017.07.07 2017고단663
상해
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

On December 30, 2016, the Defendant: (a) 22:30 on a day before the victim E (in South, 44 years of age) (in the case of spiting spiting spiting on the road of the victim E (in the case of South, 44 years of age) located in Yansan-gu, Jeonju-si; (b) spiting spiting the victim's face by drinking while disputing the victim on the day; (c) spiting the bridge by walking the body of the victim; and (d) spiting the body of the victim, the Defendant inflicted a bodily injury on the victim for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reviewing the sentencing criteria (the scope of the recommended punishment) and the basic area (the imprisonment of April to June);

2. The degree of injury suffered by the victim is serious and the damage is not recovered due to unfavorable circumstances to the sentence of sentence.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant has no record of criminal punishment for the same kind of crime, and that there is no record of criminal punishment exceeding the fine.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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