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(영문) 수원지방법원성남지원 2020.12.16 2020고단2952

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report internal investigation, receipts, on-site photographs, and photographs of damage, list of 112 reported cases handled, report of internal investigation (on-site ctv internal investigation), diagnosis report, investigation report (victim B telephone communications), and criminal investigation report (112 recording record);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant initially exercised excessive violence against taxi engineers at first time without justifiable grounds, the method of such violence is very dangerous, and the degree of injury suffered by the victim is serious, and thus, the Defendant may not be subject to strict punishment.

However, the defendant is against the defendant, and the victim does not want the punishment of the defendant in consultation with the victim.

In addition, considering the fact that the defendant was the first offender without criminal punishment, the punishment is determined as ordered by the order, taking into account the following factors: the circumstances and result of the crime, the age and health of the defendant, the family relationship and living environment, and the scope of the recommended punishment according to the sentencing guidelines.