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(영문) 수원지방법원 2018.05.29 2018고단1522

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

1. The Defendant who injured the Victim B, on January 29, 2018, entered the house of the victim B (n, 19 years old) who was working in the front of the coffee specialty located in Suwon-si, Suwon-si, Suwon-si, Suwon-si on January 29, 2018.

In the process of speaking the defect, the victim's face part was taken once as head, and the victim suffered approximately four weeks of treatment.

2. The injured defendant against the victim E requested the victim E (hereinafter referred to as "40") who was waiting for a taxi in the vicinity of the said B at the time and place specified in paragraph 1, and the victim inflicted injury on the victim, considering the victim's face and hair, when the victim took part of the victim's face and hair due to drinking and so on, the victim suffered injury, such as a b8-day surgery, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B, E, and F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) The basic area (from April to January 1) of the victim E (no person in special sentencing) shall be the victim E in general injury (the scope of recommended punishment).

(b) Crimes of Bodily Injury to Victims B [the scope of recommended punishment] General Bodily Injury (General Bodily Injury) in the mitigation area (two months to one year) (special mitigation person]

(c) The scope of final sentence due to the aggravation of multiple offenses: Four months to two years of imprisonment;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

The favorable circumstances: The circumstances that there is no record of punishment exceeding the fine, and that there is an agreement with the victim B: