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(영문) 수원지방법원 성남지원 2018.02.07 2017고단3427

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 September 16, 2017, the Defendant: (a) around 03:20 on September 16, 2017, at the main corridor B in Seongbuk-gu, Sungnam-gu, Seoul; (b) at the front corridor B2, the victim D, under the influence of alcohol, would be able to avoid disturbance with E’s figures; and (c) at the same time, the Defendant inflicted an injury on the victim, who walked three times the face of the victim beyond the floor under the above E, including the 56-day left side of the wall, the removal of the wall, and the removal of the bones bones, etc. of the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. A report on the occurrence of a crime, a report on investigation, a photograph of damage, or a medical certificate of injury;

1. Investigation report (CC-TV analysis and application of relevant Acts and subordinate statutes);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of the recommended punishment] and the aggravated area (six months to two years) (special mitigation (special mitigation)]/non-specific mitigation of punishment, and motive for committing serious injury and criticism;

2. One year of imprisonment with prison labor (the prosecutor’s opinion) and one year of imprisonment with prison labor, six months of suspended sentence, and two years of suspended sentence where the victim’s face without any relationship is exposed to the victim’s face and subject to the next eight weeks of medical treatment, in consideration of the records, etc. of the defendant in this case, strict punishment is inevitable.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that the victim does not want the defendant's punishment by agreement with the victim, the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines and the execution of the punishment shall be postponed by comprehensively taking account of the various sentencing conditions in Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as stated in the records and arguments of this case.