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(영문) 광주지방법원 목포지원 2016.04.08 2015고단1759
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 22, 2015, the Defendant, at around 10:00, went back to the victim D(66)’s house located in the Southern-gun C, Seoul-do, for the reason that the victim had invadedd his own land, and went back to the victim’s bath because the victim did not have any dispute.

Since then, at around 17:30 on the same day, the Defendant: (a) installed a promptly line with F’s Dong G with F’s birth G; (b) discovered the beererererererererererer; (c) brought about a dispute over the problem of planting trees at A.M.; and (d) brought about injury to the victim, i.e., taking about three weeks of the victim’s face by drinking and shot, by taking about about three weeks of the victim’s face into consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 11);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. [Determination of type] General injury by violence: One type (general injury);

2. [Special Sentencing] Mitigation elements (unlimited to punishment)

3. [Determination of the territory of recommendation and the scope of punishment for recommendation] mitigation area, two months to one year of imprisonment.

4. [General sentencing factors] - Reduction factors: Serious half;

5. [Attachment of Suspension of Execution] - Major reasons for positive consideration: Non-members of punishment - Reasons for negative general consideration: Before two or more times of suspension of execution - Reasons for positive general consideration: contingent crimes, serious reflectivity, and the health of the defendant is very good;

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