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(영문) 수원지방법원 성남지원 2018.05.23 2018고단286
상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

(b) by hand to the victim F without any particular reason, the victim’s face was damaged by the victim’s face value for about 14 days in consideration of the victim’s face at one time;

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing a certificate of injury and a receipt for repair estimate;

1. Relevant Article 257(1) of the Criminal Act (the point of each injury), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Defendant A) of the Criminal Act for the aggravation of concurrent crimes;

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

1. Defendant A

(a) Bodi injury [Scope of Recommendation] General Injury (Extent of Recommendation) in the mitigated area (two months to one year) (special mitigation person] of the mitigated area (special mitigation person)

B. The general standard for the crime of destruction [the scope of recommending punishment] is that in the mitigated area (one to six months of property damage, etc.) [the person subject to special mitigation] where actual damage is minor, the final sentence scope according to the increase of multiple crimes * The records of the crime of multiple crimes are several times from February to January 1, 100 [the sentence]. The records of the crime of multiple crimes are several times, and it is not good that the crime is not good, such as being accompanied by the collection as a means of personal appraisal, and causing injury by the use of violence against the victim, and that there is no strong effort to recover damage.

However, the fact that the defendant is led to confession and reflect, and that the degree of damage is minor shall be considered as favorable circumstances.

In addition, the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.

2. Defendant B [the scope of recommended punishment] General Injury: (a) the mitigated area (two months to one year) [the person who has been specially mitigated] of minor injury (one and four types] [the sentence] as seen earlier; (b) the nature of the instant crime is not good; and (c) the records of the same kind of crime are several times.

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