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(영문) 광주지방법원 2017.06.28 2017고단796
상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2016, around 01:35, the Defendant, following the D convenience store in Gwangjubuk-gu, Gwangju, and on the ground that the victim E (33 tax) was changed, had the victim taken care of the face, etc. of the victim due to drinking, and had the victim suffered bodily injury, such as internal and breathing treatment for eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the prosecution's written diagnosis of injury to E;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense. Article 257 (1) of the said Act (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] General In the basic area (from April to one year and six months), (including special mitigation (including serious efforts for recovery of damage), in the event that considerable damage has been restored to the basic area (from April to one year), or in the event that considerable damage has been restored to the basic area (Article 1 and four types);

2. Determination of sentence: (a) comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the details of the instant crime; and (b) the sentence as ordered.

The circumstances that are disadvantageous: Assaults a citizen without any justifiable reason; the degree of violence and the degree of injury suffered by the victim are more severe; leave the site of the case; leave the site of the case. Circumstances that are favorable for many people with the same kind of force as the probation in relation to violence, including probation, are agreed with the victim: The defendant appears to be against the victim. The family and workplace members of the defendant also want to guide the defendant so as not to cause any similar crime in the future. The defendant's family and workplace members are also able to guide the defendant to prevent the occurrence of a similar crime

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