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(영문) 청주지방법원 2016.02.15 2015고단1388
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 14, 2015, the Defendant, at the office of the Victim C (51) located in Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju on July 16:30, on the ground that the victim was not willinging to find the Defendant’s wife, and caused the victim’s bodily injury, such as an unfashion, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the head of a complaint and an injury diagnosis report;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury (the scope of general injury) shall be the basic area (the period from April to one year and six months) [the person who has been specially mitigated] the penalty not (including the serious effort to recover damage), or the injury (the types of 1 and 4) which has been serious in case where considerable damage has been recovered;

2. As to the crime of this case, the crime of this case by which the defendant committed violence against the victim C, thereby causing bodily injury, such as the thring of four weeks in total, and the quality of the crime is not minor in light of the degree of injury;

However, the defendant has led to the confession and reflect of the crime, and the victim does not want the punishment of the defendant by the unanimous agreement with the victim.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the records and theories of changes, such as the criminal records, age, sex, environment, etc. of the defendant.

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