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(영문) 의정부지방법원 2016.11.07 2016고합400
상해
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C(30 years of age) are members of camping club and led by the defendant, and there is a difference between 18 and 18 "E" in Gyeonggi-gu D.

On May 14, 2016, at the above camping site around 23:30, the Defendant: (a) reported that the victim was off of the Victim’s F and clothes, who is a female member under the influence of alcohol, and engaged in an act that is unexpected in the event led by the Defendant, and (b) caused the victim’s injury, such as cutting off the mouths, salkes, and salkes, which require approximately 42-day medical treatment to the victim, on a single occasion, when the victim’s left bucks one time, and salkes, salkes, etc. to the right side of the victim, and salkes and salkes, etc. to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of the victim by the prosecution;

1. A protocol concerning the police investigation of the victim;

1. Statement of the police statement concerning F;

1. Each statement of the victim and the F;

1. A written diagnosis of injury, and C photograph of the suspect;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to letters, photographs);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. The basic area (from April to June) of the sentencing criteria shall apply (the scope of recommendations) to the general injury.

3. Determination of sentence: Imprisonment with prison labor for three months and suspended execution for two years; the crime of this case was committed by the defendant when he was the victim, who is a member of the same club; the crime of this case was committed by the defendant, by causing an injury, such as cutting the framework of six weeks prior to the death of the victim, and the nature of the crime is not good; and the defendant is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant has no penalty power exceeding the fine is favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, and motive for the crime.

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