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(영문) 수원지방법원 성남지원 2017.04.28 2017고단308

상해

Text

A defendant shall be punished by imprisonment for 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 December 11, 2016, the Defendant: (a) around 20:00, at the third floor of the building D in Sungnam-si, Sungnam-si, the third floor between the victim C (26 tax) and the victim, on the ground that the victim gets her back to the lower floor and she gets her bridged, and turned down the her bridge into the lower floor, and caused the victim to go beyond the lower floor, and caused the victim to go beyond the lower floor for about 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each written diagnosis (E hospital) statute;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. An applicant for the rejection of the application for compensation is seeking compensation of KRW 10 million from damage caused by the Defendant’s criminal act. However, the scope of liability for compensation is not clear, and thus, the application for compensation of this case is dismissed in accordance with Article 25(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Reasons for sentencing

1. [Scope of Recommendation] General Inflicting No. 1 (General Bodis) area (from April to January 6) (Special Sentencing Persons)

2. [Determination of sentence] Circumstances unfavorable to the records of the relevant criminal act, serious injury, failure to reach an agreement, etc., the confession, partial recovery of damage, details of the relevant criminal act, etc. shall be considered as favorable circumstances;

3. [Whether a suspended sentence is suspended] A person who has not been convicted of any contingent crime, deposits a substantial amount, or criminal records of a suspended sentence shall be sentenced to suspended sentence due to many elements of the suspended sentence, and an order to observe protection to recover from damage;