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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2706

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 26, 2019, at around 01:30, the Defendant sent the face of the victim D(26 years of age) to drinking in front of the C convenience store in Gwangju-si, opened the victim by pushing the victim into the floor, and opened the victim's face to drinking on the part of the victim, and continued to stop back the victim's face from the floor to drinking the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Reports on internal investigation and reports on investigation;

1. Application of Acts and subordinate statutes to photograph on the spot photographs, notification to the department related to the report of 112 Incident, damage photographs, diagnostic documents, and to capture images;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (specially increased person], mitigated element of punishment: serious injury (the area of recommendation and recommendation range], basic area [the scope of recommendation range and recommendation range], and April through June.

3. The crime of this case in which the sentence of sentence was rendered was committed by exercising violence against the victim who became aware of through the person on the day of this case. The crime of this case committed by the defendant was committed by force against the victim, and the degree of the victim's injury, the defendant had been punished twice due to the violent crime, the defendant's responsibility is recognized, the victim did not wish to punish the defendant, the defendant did not have any record of criminal punishment heavier than the suspended sentence of imprisonment, the motive, means and consequence of the crime, the character, character and environment of the defendant, and the progress of the situation before and after the crime.