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(영문) 수원지방법원 여주지원 2019.08.13 2019고단195

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2018, at around 23:00, the Defendant d(59) was able to smoke with a son at the “C” restaurant located in B, and the victim D(59 years of age) who d(59) who d(59 years of age) said to the cafeteria operator, and the cafeteria operator d(s) said that d(s) would not smoke the Defendant’s tobacco, thereby causing injury to the victim, such as the escape of a son, which requires approximately 29 days of treatment, when the victim’s face was 10 times of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two months from the scope of recommendations to ten months (limited to efforts to recover damage);

2. The degree of injury to the sentence of punishment and the circumstances leading to the commission of the crime shall be considered in light of the unfavorable circumstances, such as the fact that time and reflects, the fact that the occurrence of the crime of this case appears to have occurred by contingency in the state of obsession, and deposit KRW 10 million for the victim, etc., shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.