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(영문) 춘천지방법원 원주지원 2017.09.20 2017고단506
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 March 23, 2017, the Defendant, while danced at Cnex located in Gangwon-si, Gangwon-do, around KRW 00:00, caused the victim D (n, 41 years of age) and the body of the body, and caused the victim to be pushed down with his/her shoulder with his/her finger hand, and caused the victim's face two times by drinking, and caused the injury to the victim by walking two weeks of his/her part of the victim's face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. Criteria for sentencing [Scope of Recommendation] General Sentencing (Scope of Recommendation] : (1) the mitigated area (2 months to 1 year), (2) the minor injury (1 and 4 years to be specially mitigated) / [1 and 4] the main illegal factors / Major illegal factors: previous convictions of the same kind (20 years to 5 years or less, or a fine not less than 3 times): Insignificant injury - General positive factors: contingent crimes;

2. The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, as shown below the sentence, and other circumstances.

Unfavorable circumstances: The records (including the actual records) which have been punished several times for the same crime of violence.

A person who was unable to receive an explanatory note from the injured party.

A favorable normal condition: The result of injury is not much severe.

There are circumstances in which the victim has made efforts to recover damage (one million won in the criminal conciliation procedure, but the victim has failed to reach an agreement by requesting five million won).

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