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(영문) 수원지방법원 성남지원 2017.11.08 2017고단1277

상해

Text

A defendant shall be punished by imprisonment with prison labor 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

On February 6, 2017, the Defendant, at the D convenience store located in Sungnam-si A around 18:20 on February 6, 2017, and at the D convenience store located in Sungnam-si, the victim E (16 years old), the victim E (16 years old) was faced with each other, and was in dispute, and the victim was faced with the face part of the victim 2:3 times due to head, the victim was faced with the face part of the victim's face part 2:3 times due to head, and the victim was faced with the face part of the victim's face and the body part of the victim's body due to the outbreak and drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Damage photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to report an investigation and notification to the department reporting the 112 Incident;

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

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) shall not be punished in the mitigated area (two months to one year) (the special mitigated person];

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for one year [Judgment]; imprisonment with prison labor for four months; the degree of injury of the injured party for one year of suspended sentence; and the accused who has the same force as the accused shall be selected;

However, considering the favorable circumstances such as the defendant's confession, the fact that there is no record of the crime exceeding the fine of the defendant, the fact that the injured person does not want the punishment of the defendant in agreement with the victim, etc., other factors such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., comprehensively considering various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the circumstances after the crime, etc., within the scope of recommended sentencing criteria, and the execution of the punishment shall