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(영문) 대전지방법원 서산지원 2017.02.02 2016고합73
중상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On November 8, 2016, 19:00, the Defendant was the victim F (F, 49 years of age, business kistan's nationality) who had drinking together with the Defendant in front of E Eart in Western City D, Seosan City, 2016, and this Defendant “The Defendant was his father who was his father, was changed, and was in Korea.”

For the reason that he or she neglected himself or herself, he or she was aware of the victim's face by the two hands and walked once, thereby causing injury to the victim, such as the official trade wife, etc. in the left-hand part of the area where treatment is required for about eight weeks, and thereby causing the victim to the unfold of the real name of the face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Investigation report (to hear statements by telephone from persons related to a hospital as to real name);

1. A certificate of issuance of a copy of medical records and a medical certificate of injury;

1. Application of medical expenses receipt Acts and subordinate statutes;

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment on the sentencing criteria [the types of punishment [the persons subject to special sentencing] - The mitigated factors: Imprisonment with prison labor for not less than six months but not more than one year and six months (the scope of the recommended punishment].

3. According to the decisions of sentence, the sentence shall be determined in full view of all the circumstances shown in the arguments of this case, such as the following circumstances and the age, sex, environment, motive, means and result of the crime, and the circumstances after the crime.

Due to the crime of this case committed at a disadvantage, the victim was real name of the left eye, such as recovering the inner eye and inserting the inner eye, etc., and was living in a big pain and inconvenience during life, and the degree of damage is very significant.

A favorable normal defendant, together with the victim, has been aware of a dispute with the victim, and during that process.

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