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(영문) 대전지방법원 2017.04.27 2017고단698
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the Defendant: (a) 04:00, on the front side of “E” located in Daejeon Middle-gu, Daejeon; (b) on December 21, 2016, while drinking alcohol together with the victim C (27 years of age), the victimized person was unable to identify the Defendant; and (c) the victim’s face was frightened; and (d) took three times as drinking, the victim’s face was frighted with the victim for approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. A written diagnosis of injury;

1. Application of X-ray and Acts and subordinate statutes governing damaged photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62 of the Act on the Suspension of Execution) provides that the Defendant shall be sentenced to imprisonment by comprehensively taking into account all the conditions of sentencing and the scope of recommended sentence according to the sentencing guidelines set forth in Article 51 of the Criminal Act on the conditions of sentencing and the sentencing guidelines set forth in Article 51 of the Criminal Procedure Act, including the following: (a) the Defendant has committed the instant crime; (b) the occurrence of the instant crime; (c) the Defendant has no criminal record or more criminal records; (d) the Defendant has the burden of medical expenses incurred by the victim; and (e) the victim has not agreed with the victim; and (e) the Defendant’s previous criminal records and

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 25 (3) 3 (the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation;

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