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(영문) 수원지방법원 2016.11.10 2016고단2703

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 1, 2016, at around 21:40, the Defendant, at the second basement parking lot located in G, “D” located in G, for the reason that the Defendant did not report the victim E (20 years of age) to the victim, was at the time when the Defendant and the Defendant met with the victim on one occasion at the right part of the victim due to drinking and walked the victim more than the floor and walked one time to walk the front part of the victim’s face, and then, the Defendant sustained injury, such as the inside of the unit, the inner wall, and the outer wall of the lower part, which require a medical treatment for about 5 days, when the Defendant talks about the face of the victim by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (F telephone conversations for strings);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of Recommendation) is the reason for sentencing under Article 62(1) of the Criminal Act [Article 62(1) of the Act [Article 62(1) of the Act] generally: The basic area (Article 62(1) of the Act on the Suspension of Execution (Article 4-1 and 6) (Article 4-1) of the Act on the Suspension of Execution (Article 62 of the Act on the Suspension of Execution) and serious injuries (Article 4(1) of the Act on the Suspension of Punishment, but there are unfavorable circumstances such as the degree of injury inflicted upon a victim. However, the defendant reflects the degree of injury committed by the victim. The defendant has no previous conviction except three times of juvenile protective disposition, and the fact that