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(영문) 수원지방법원 2016.04.22 2016고단69

상해

Text

A defendant shall be punished by imprisonment 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 November 26, 2015, at the entrance of the construction site of the building site in Suwon-si, Suwon-si, the Defendant requested the victim D (3) who was waiting in the air to load soil and sand on the said construction site in order to load the soil and sand emitted from the said construction site, but was rejected from the victim, the Defendant: (a) was in dispute with the victim; (b) caused the victim’s b) caused the fright-thring, by hand, b) caused the victim’s fright-thring; and (c) caused the victim’s injury, such as the victim’s buck-bucking part of the victim’s face, and caused the victim’s injury to the victim, such as the victim’s 4-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Application of each of the Acts and subordinate statutes described in the medical certificate of injury to D (the 40 to 43 pages of the investigation record);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria [type] general injury, basic area of Type 1 (general injury] [Scope of the recommended punishment]: Imprisonment with prison labor for April to one year and six months;

2. In light of the degree of injury of the victim determined to be sentenced, the degree of injury of the victim is not less exceptionally, and is disadvantageous to the disadvantage that is not agreed with the victim, the defendant deposited 3 million won for the victim, the defendant did not have been punished for the same kind of crime for the last 10 years, and the defendant has no record of punishment for the same kind of crime for the last 10 years, taking into account the circumstances favorable to the confession of the crime, and taking into account other various circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, and motive for the crime