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(영문) 전주지방법원 2014.12.11 2014고단1096
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on June 3, 2014, the Defendant: (a) entered the Eelbel operated by the victim D(68 years of age) located in Yansan-gu, Yansan-si; (b) opened the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door room 201; and (c) opened door door door door door door door door door door door door door to door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, flap part, etc. of the victim, which requires approximately 6 weeks treatment for the victim’s head, etc. by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A or D;

1. Report on internal investigation ( relation to submission of a medical certificate);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant had the same criminal history, which has the same kind of reason for sentencing, and, in light of the motive and circumstance of the instant crime and the degree of damage, etc., the Defendant committed the instant crime. However, even though, while under the influence of alcohol, the Defendant requested a female-child group to find a guest room at the plenaryel in a usual manner and to open a door to the female-child group, the Defendant committed the instant crime by incidentally against the victim, who was the mother-child group, who was trying to restrain the disturbance by denying it, by denying it, the Defendant did not want the Defendant’s punishment; the victim does not want the Defendant’s mistake; the Defendant’s age, character and conduct, occupation, environment, family relationship, etc.; and the sentencing conditions, such as the Defendant’s age, occupation, family relation, etc., should be determined as above in consideration of the following circumstances.

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