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(영문) 수원지방법원 여주지원 2019.02.22 2018고단1003
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:40 on October 3, 2018, the Defendant: (a) at the mutual office “C” located in Ischeon-si B; (b) during the dispute with the victim’s AS problem of washing machines purchased from the victim D (the age of 51), the Defendant was aware of the victim’s face due to drinking out of the said office; and (c) the victim was aware of the victim’s face due to drinking out of the said office, resulting in the victim’s injury, such as satisfe satisf in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (change of title of crime);

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. 2 months to 10 months from the scope of the recommendation (in case of being subject to punishment, not subject to punishment);

2. Having exercised tangible power on the grounds of the decision-making civil issues, considering the records of punishment more than 10 times for the same kind of crime, the Defendant appears to be unable to make an ordinary appraisal, etc., the circumstances unfavorable to him/her shall be considered.

Considering the favorable circumstances, such as the fact that the person is dead and contradictory, the background leading to the crime, the deposit of KRW 2 million for the victim, and the agreement, etc.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.

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