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(영문) 수원지방법원 2018.08.24 2018고단2837

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2017, at around 17:30, the Defendant, at the main point of “E” operated by the victim D (Woo, 52 years of age) located in Young-gu, Suwon-si, Suwon-si, the Defendant took a bath for the victim while paying City expenses due to the victim’s and his agent, and put the back of the victim intending to avoid the Defendant over by hand, and continued to walk the shoulder, bridge, etc. of the victim going beyond the floor on a water level of about 8 weeks, thereby requiring approximately 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. On-site photographs;

1. Attachment of a medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as “ favorable circumstances”) are as follows: (a) the sentence is to be imposed in full view of all the sentencing conditions indicated in the instant case, including the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime; and (b) the circumstances after the instant crime.

The favorable circumstances: The degree of injury damage is important, and there is a number of records of punishment for the same kind of crime that the injured person does not want to be punished by the defendant because he/she has divided and reflected his/her mistake, and the injured person has agreed with the injured person smoothly: