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(영문) 제주지방법원 2016.12.15 2016고단1976
상해
Text

A defendant shall be punished by imprisonment for six 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 13:30 on June 23, 2016, the Defendant, at the Defendant’s residence located in Jeju City, suffered a vision while drinking alcohol together with the victim D (year 45) and E, and caused injury to the victim, such as cutting off a closed stoke, in which the victim’s face and body were taken up, and the victim’s face and body were taken up by drinking and stoves. On one occasion, the Defendant collected stoves of plastic materials located therein, and caused injury to the victim, by taking about four weeks of the victim’s head into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Persons whose basic area (4-1 year and six months) (special-speed persons) is mitigated (special-speed persons) in the sentencing guidelines: The serious injury (1-4 types) committed by victims when the victims are fully responsible for the occurrence of crimes or the expansion of damage:

2. Determination of sentence: The Defendant’s age, character and conduct, environment, relationship between the Defendant and the victim, the background and consequence leading to the instant crime, circumstances after the commission of the crime, sentencing cases in similar cases, and other various sentencing conditions specified in the pleadings of the instant case are considered. In particular, the following circumstances should be taken into account: (a) the degree of injury suffered by the victim due to the Defendant’s crime is significant; (b) the Defendant did not recover from damage suffered by the victim due to the payment of medical expenses to the victim; and (c) the victim was either prepared or agreed upon by the victim to commit the instant crime

The favorable circumstances: the defendant led to the confession of the crime of this case.

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