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(영문) 수원지방법원 평택지원 2015.04.22 2014고단2072

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2014. 10. 25. 00:35경 안성시 C아파트 상가 2층 화장실 앞 복도에서 피해자 D(여, 23세)이 비켜달라고 했다는 이유로 말다툼하던 중 피해자의 머리채를 잡아 흔들며 손톱으로 피해자의 좌측 귀 부위를 잡아 뜯고, 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 우측 허벅지 등의 부위를 수회 찼다.

As a result, the Defendant inflicted injury on the victim, such as cutting off part of return to the left-hand side in need of treatment for about five weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general injury [the person who has been subject to special mitigation] [the person who has been subject to special mitigation] in the mitigated area (two to one year), in the case of not having been punished (including serious efforts to recover damage), or in the case of recovery from considerable damage (the decision of a sentence] in light of the fact that the injury suffered by the victim is not less than that of the injury and that the victim left an abstract disorder, there is a need for strict punishment of the defendant. However, the defendant goes against his mistake in lieu of the defendant, the fact that the defendant is the first offender, the fact that the defendant has agreed smoothly with the victim, and other circumstances shown in the records, such as the defendant's age, character and behavior,