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(영문) 수원지방법원 2018.07.12 2018고단2249

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 26, 2018, the Defendant suffered injury to the victim F (23 years of age) in the frontway located in Osan-si C on the ground that the victim E (V, 17 years of age) was able to take care of the Defendant’s mother in SNS, and was faced with the victim’s face in SNS, such as an inspection, injury, etc. in order to prevent the need for treatment for about 10 days between the victim and the victim F (23 years of age). When the victim F (23 years of age) who passed his/her address, said victim F. (3 years of age) was able to take care of the victim’s face due to the defect of the victim’s desire to take care of about about 21 days, the Defendant inflicted injury on the victim F.F. in order for the victim F. to take care of about the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. A report on internal investigation:

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs at the time of assault by victim F;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes No. 1 [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the recommended punishment] consisting of the crimes No. 2 in the basic area (4 months to one year and six months) (the person subject to special sentencing] of the No. 1 [the scope of the recommended punishment] [the scope of the general injury] and the mitigation area (2 months to one year) of the reduced area (2 months to one year) of the average injury (the special mitigated person]]: the scope of the final sentencing according to the aggravated punishment for the multiple crimes resulting from the minor injury (1 and four types): April to two years: April to two years;

2. Circumstances unfavorable to the defendant in the decision of sentence: None of the recovery from damage. A criminal act shall be repeated in a short period of time after December 2, 2016, such as being punished by three times by a fine due to violent crimes (injury, assault, or damage to property), etc. A contingency is recognized, erroneous crimes are recognized, and reflects are not committed. A criminal record for a period of suspension of execution or more has no other criminal records.