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(영문) 수원지방법원 여주지원 2019.06.17 2019고단305

상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 1, 2019, at around 00:27, the Defendant: (a) boarded the victim D (the age of 54) who was a substitute driver, and demanded the victim to be a massage treatment center, and then, (b) the Defendant: (c) turned off from the vehicle to the driver's seat; (d) the victim gets off from the vehicle to the driver's seat; (e) the victim gets off from the vehicle to the driver's seat; (e) the victim was taken off from the vehicle to the driver's seat; (e) the victim was taken off from the vehicle to the driver's seat; and (e) the victim was taken off from the vehicle to the driver's eye; and (e) the victim's face was taken out to the drinking and drinking; and (e) the victim's face, breast, arms, bridge, and bridge, etc. was inflicted on the victim's face, breast, bridge, and bridge for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Damage photographs and photographs;

1. Application of photographs, CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has been sentenced to punishment): Reduction element: Where a penalty is not imposed (including serious efforts to recover damage) or considerable damage is recovered, serious injury (the scope of recommendation field and recommendation types) (the scope of recommendation field and recommendation types) and the basic area of injury (the scope of recommendation field and recommendation types) and April through June;

3. Determination of sentence: Imprisonment with prison labor for one year (three years of suspended sentence), three years of probation, and forty hours of violence therapy when the defendant was under the influence of alcohol and asked the victim to attend a lecture on the ground that he/she refused his/her request, thereby resulting in the victim’s injury requiring approximately eight weeks of medical treatment; however, it is difficult to obtain the defendant’s motive for committing the crime and the degree of the use of violence is very serious.

And the Defendant.