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(영문) 춘천지방법원 강릉지원 2016.11.09 2016고단1039
상해
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

Punishment of the crime

On June 25, 2016, around 02:17, the Defendant, at the right side of the Dju store located in the East Sea C, and at the right home of the victim E (year 21) and without any particular reason, she was taken twice a drinking face from the victim.

While the Defendant went outside the above job to G in the above F, he saw the victim's face of drinking one time from the victim who was suffering from her own f, saw the victim's face in front of H in the vicinity, and opened the victim's face to the floor by drinking in front of her face, and kid the victim's head debt, walking her face with her hand, and caused the victim to suffer injury, such as the mouth of the mouth of the mouth that requires about 8 weeks of medical treatment.

As above, the Defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement to E, I, and J;

1. A photograph of each crime scene by cutting down the CCTV;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] general injury (the scope of general injury) is the basic area (the period of four to one year and six months of imprisonment) of category 1 (special mitigation) (the period of special mitigation). If the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage, the victim is under serious injury (the period of sentence 1 and four): The same kind of force is repeated within a short period of time (the decision of sentence 1 and four). In light of the fact that the result of damage caused by the instant crime was serious, the necessity for strict punishment is also observed.

However, it shall be limited to the time, taking into account the fact that the victim's liability is not significant in relation to the situation of the occurrence of the case, the family environment of the defendant, and the fact that there is no prior conviction or more than the suspension of qualification.

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