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(영문) 수원지방법원 성남지원 2018.07.19 2017고단3395

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 27, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Suwon Friwon, and the judgment became final and conclusive on July 5, 2018.

[2017 Highest 3395]

1. On October 7, 2017, at around 00:25, the Defendant expressed that the victim D (here, 58 years of age) expressed “Chyh” on the street in front of the Sungnam-si, Sungnam-si, that “Chyhh” was inflicted an injury on the victim’s right-hand base, such as the right-hand edge, where approximately two weeks of treatment is required, by walking the victim’s left side bridge.

[2018 Highest 352]

2. On October 7, 2017, around 00:25, the Defendant suffered a knee bones, kneebra, which requires approximately eight weeks of medical treatment, on the ground that: (a) the Defendant, in front of the F cafeteria located in Sungnam-si, Sungnam-si; (b) the Defendant, walking up the D’s bridge while walking up the D’s bridge and assaulted D, on the ground that the victim G (49 years of age) was frightened; and (c) the Victim G was frighting down the body of the victim, thereby cutting down the part of the victim’s body to the bottom.

Summary of Evidence

[2017 Highest 3395]

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with H;

1. A written diagnosis of injury;

1. Previous convictions in judgment: The defendant's legal statement (2018 highest 352);

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. A medical certificate;

1. Previous convictions in judgment: The application of the defendant's legal statement, inquiry letter, criminal history, and reporting prior convictions and results of confirmation;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant reflects his mistake on his behalf, that the defendant agreed with the victim G, that the victim D does not want the punishment of the defendant, that is, equity with the case where the defendant is judged at the same time as the crime recorded in the previous conviction in the judgment, and that other defendant's age, environment, sexual behavior, and motive for the crime.