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(영문) 수원지방법원 2019.08.22 2019고단2147
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant and the victim B(37 years of age) are foreign workers of Chinese nationality, and those of the workplace.

At around 14:00 on March 13, 2019, the Defendant inflicted injury on the victim, such as an internal d'D, in the factory of 'D' in Masung City Co., Ltd. (hereinafter "D'), which was caused by mistake related to the business, due to drinking, and caused about 10 weeks of treatment to the victim, by taking care of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. -The injury diagnosis certificate;

1. - Damage photographs;

1. -Written -

1. Application of Acts and subordinate statutes to investigation reports (to listen to an excursion ship by a complainant attorney-at-law);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. The crime of this case committed by the defendant in the judgment of sentence is an injury to the victim, such as internal breatha, which requires about 10 weeks of medical treatment when the defendant takes part of the face of the victim several times.

In light of the part and degree of injury, the nature and circumstances of the defendant are not very good.

The victim complained of symptoms in the event of his/her return to the past five months from the date of the crime.

A letter of agreement between the Defendant and the victim was prepared immediately after the crime was committed. However, as set out in the letter, the Defendant paid the amount equivalent to the hospital expenses paid by the victim to the victim.

It does not seem that the victim or the victim has committed a crime of false death or sought a letter.

Accordingly, the victim wanted to punish the defendant in this court.

Therefore, corresponding to the criminal liability of the defendant.

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