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(영문) 수원지방법원 성남지원 2019.01.30 2018고단2249

상해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On 04:00 on 06. 26. 26. 08. 04:00, the Defendant suffered injury, i.e., the victim’s face from the front of the convenience point of “F in Seongbuk-gu, Sungnam-si, E” on the same day, on the ground that the victim D was shot the Defendant, and continued to do so, at around 04:15 on the same day, at around 04:15, the Defendant sustained the victim’s face from the front of the convenience point of “F in Seongbuk-gu, Sungnam-si, Sungnam-si, and caused injury to the victim, i.e., taking approximately 61 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. A protocol concerning suspect examination of D;

1. Records of the records of the upper part of the damaged part's photograph, the written application for submission of the victim, the photograph of the upper part of the damaged part, and the diagnosis report;

1. Application of the Acts and subordinate statutes on screen photographs, original video CDs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the victim is fully responsible for the occurrence of a crime even though he/she has a mitigated area (two months to ten months) (special mitigation) in the first category (two months to ten months) of bodily injury, which is general within the scope of recommending the sentencing criteria;

2. A person shall be punished by imprisonment with prison labor for six months, with prison labor for a period of four months, with prison labor for a year of suspension of execution, taking into account the fact that the victim’s wishing to punish the defendant and the victim’s standing is not minor;

However, it is necessary to consider the fact that the defendant led to the confession of the defendant, and that the defendant was subject to unfair treatment or crime before the victim, and that the defendant became subject to violence.

In addition, considering the various sentencing conditions in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of the defendant, the punishment shall be determined within the recommended range in the sentencing guidelines and the execution of the punishment shall be suspended.