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(영문) 수원지방법원 평택지원 2016.01.08 2015고단1751

상해

Text

A defendant shall be punished by imprisonment with prison labor for four 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 October 10, 2015, the Defendant, at around 09:50, inflicted injury on the victim D (26 tax) and parking paths in Pyeongtaek-si B, resulting in approximately KRW 21 days of treatment on the face of the victim due to drinking taken place.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the basic area (from April to one year and six months) (no person in special sentencing)

2. In light of the circumstances unfavorable to the Defendant, such as the fact that the Defendant has been sentenced several times of punishment (7 times of punishment, one time of suspended execution), the fact that the Defendant did not receive a letter from the injured party, etc., the fact that the Defendant recognized the facts charged in the instant case and reflects his mistake, the fact that the injured party does not suffer any injury, and the fact that the injured party committed a somewhat contingent crime, etc., are considered as favorable to the Defendant, and are determined as above in consideration of various circumstances indicated in the records, such as the Defendant’s age, sexual behavior, and family environment.