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(영문) 춘천지방법원 2013.09.26 2013고단675
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 of the final judgment.

Reasons

Punishment of the crime

At around 16:00 on September 18, 201, the Defendant sustained an injury on the part of the victim to the 8th head of the 28th left, where the victim D (the 67 years of age, the f7 years of age, and the 8th anniversary of the 205th century, due to the following reasons: (a) the Defendant, at the inn of the C C located in Pyeongtaek-gun B of Gyeonggi-do, had the victim d (the 67 years of age, the f7 years of age), kidddd by the visit of the above 205 in which the Defendant implied, and her desire to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] General In the event of bodily injury [Special Convict] - Application for the Punishment of Reduction element (including a serious effort to recover damage), or where considerable damage has been restored [Determination of the area of recommendation] / [Determination of the area of recommendation] 2-1 year / [Scope of suspension of execution] / Major reasons for writing / There is no positive application for punishment (including a serious effort to recover damage): no effort to recover negative damage - there is no effort to strictly punish the defendant - there is no positive contingent crime [decision of sentence] : there is no positive contingency [decision of sentence] : The victim does not want the punishment of the defendant ; there are favorable circumstances such as the degree of injury, personality and behavior of the defendant and the environment of the defendant in the oral proceedings of this case; however, the victim has expressed his intent of reflectiveness at the time of the crime of this case; and the decision of sentence shall be made in consideration of the various circumstances indicated in the oral proceedings of this case.

It is so decided as per Disposition for the above reasons.

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