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(영문) 수원지방법원 성남지원 2018.04.05 2018고합9

중상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 25, 2017, the Defendant moved the F cafeteria in Gwangju City to a vehicle on November 25, 2017, the Defendant spited the victim G, etc. in the direction of the proceeding, and spit the victim’s bath, and spit it into the Defendant’s vehicle. The Defendant, when the victim and the body fighting match coming from the vehicle, laid down the victim’s left snow part of the victim’s body with his hand, caused the victim’s real name due to the heat inside the port.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Investigation report (with respect to the on-site inspection and the on-site inspection of ctv images, identification of on-site crime prevention ctv and surrounding ctv images, and the statement of the head of the agency in charge of suspect G);

1. Photographs taken on the part of an injury;

1. A copy of medical records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the sentencing that is recommended when the sentencing guidelines set by the Supreme Court sentencing committee are applied to the types of the relevant crime and sentencing factors for which the sentencing guidelines are set, shall be between six months and one year and six months;

3. Determination of sentence: Determination of sentence of sentence: Imprisonment with prison labor for 10 months, two years under the suspension of execution, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records, such as the following circumstances: Determination of sentence of sentence; Determination of sentence of sentence like the order shall be determined by comprehensively considering the following factors: The degree of damage is significant because the victim has lost the eyesight of a unit and there is little possibility that his/her ability will be restored in the future; non-existent records of the same crime; and in the process of dispute with the victim,