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(영문) 제주지방법원 2017.02.03 2016고단2443
상해
Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, on August 5, 2016, at around 00:05, the Defendant inflicted an injury on the Defendant’s house in front of the Defendant’s house located in Western City F, and on the day he wraped before the Victim A (55 years old), due to the occurrence of vision during a conversation between the Victim A (55 years old), resulting in an injury on the Victim’s face by taking about about 180 days of treatment.

2. Defendant A, at the same time and place as the above paragraph 1, was caused by a vision for the foregoing reasons, and was shaking the body of the victim B (50) due to the occurrence of the above reasons, and the victim’s emotional ties were cut off several times, and the victim’s face was taken by hand, and the victim’s face cannot be identified.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on criminal investigation reports (related to attachment of a medical certificate of injury, 34,37 pages of investigation records);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: The provisions of Article 257 (1) of the Criminal Act and the choice of imprisonment;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act, as stated below, shall be taken into account) shall be set as ordered by taking into account all the following factors, on the grounds of sentencing under Article 62(1) of the same Act:

The most favorable circumstances: The defendants approved the facts of the crime, and the most favorable circumstances that the defendants agreed smoothly after the prosecution are committed: the records of punishment for the same kind of crime (as to the motive and circumstances of the crime in this case, the degree of injury suffered by the defendants, circumstances after the crime, the defendants' occupation, age, family relation [the sentencing guidelines] [the scope of recommended punishment] of the mitigated area (as to February to 1) [the special mitigated person] of the mitigated area (including a serious effort to recover damage) of punishment (including a person who has made a serious effort to recover damage) or of the damaged area. It is ordered for the above reasons.

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