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(영문) 수원지방법원 2016.06.03 2015고단5506

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 18:00 on July 11, 2015, the Defendant, at the main point of “E” operated by the Victim D (F, 67 years of age) located in Suwon-si, Suwon-si, D (F, and F, was drinking together with his/her daily behaviors. However, F, if the victim refused to do so, he/she would be punished for the victim and Si expenses. However, the Defendant was under pressured 10 weeks for the victim to have his/her chest by pushing the victim’s chest with his/her hand.

The above facts charged are recognized based on the facts admitted by each of the above evidences.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness D;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment on the sentencing guidelines [type] general injury, serious injury to the basic area of type 1 (general injury) [the person subject to special sentencing], and the victim is also responsible for the occurrence of a crime (the scope of recommended punishment] from April to June;

2. Although the degree of injury of the victim who was sentenced to a sentence is severe, there are favorable circumstances such as not being agreed with the victim, on the other hand, there are no records of crimes to be taken into account by the defendant, there are considerable responsibility for the occurrence of the crime even to the victim, and that the defendant deposited KRW 2,00,000 for the victim, and considering these favorable circumstances, the sentence should be determined within the scope of the sentence of recommended sentence.