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(영문) 광주지방법원 목포지원 2016.12.09 2016고단826
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

At around 04:00 on March 15, 2016, the Defendant: (a) brought a dispute with the victim D (the 46 years of age) living together in the house of the Defendant, 102/2/203, and the Defendant was living in the house of another woman; (b) filed a dispute with the Defendant on the ground that he was living in the house of the Defendant, and (c) made an investment of the said drinking in the victim’s face; (d) made it into the victim’s face; and (e) made the victim’s chests, etc. more than 30-day treatment of the victim by taking part in the body of the victim, the Defendant sustained the injury, such as cutting down the part of the arms, following the need for approximately 30-day treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a medical certificate of injury, investigative report (Attachment to a photograph of the damaged body), investigation report (to hear telephone statements related to a medical certificate of damage);

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has an inappropriate relationship with a female who was aware of the victim's de facto marriage, and the nature of the crime is not good in that the defendant committed the crime of this case against the victim who was aware of it.

The degree of injury caused by the above crime cannot be deemed to be light.

In the process of investigation and trial, the defendant seems not to be able to repent in light of his behavior.

This is an unfavorable condition.

On the other hand, it is more favorable for the defendant to agree with the victim late later, and that he has no record of punishment for the same kind of crime.

In addition to each of the above sentencing grounds, it is decided as per Disposition by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, family relation, environment, circumstances after the crime, and result, etc.

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