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(영문) 수원지방법원 2020.06.11 2020고단1030
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on January 31, 2020, the Defendant saw that the victim did not work in the “D” office operated by Suwon-si B and the victim C (the years of age of 58), and sought from the victim the statement that the victim “I are under stress due to Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. ], the Defendant saw the victim’s face and head by drinking, and caused the victim’s injury to the victim, i.e., at approximately 14 days in which there is no two wife in which treatment is required.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the scene photographs, fluor photographs of violence, and written diagnosis of injury;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of recommendations according to the sentencing guidelines: Types I (general injury by a person in general) (a special injury by a person in general) and mitigation elements of violent crimes for not less than two months but not more than ten months (decision of types): Reduction areas of mitigation areas [no recommendation area].

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence, the defendant has inflicted an injury on the victim as stated in its reasoning by using violence, and thus, the crime is not less severe;

However, in light of the fact that the defendant recognized his mistake and reflects, and the fact that the defendant expressed his intention that the victim does not want the punishment of the defendant in this court by mutual consent with the victim, etc., it is somewhat favorable for the defendant. In addition, considering the defendant's age, character and behavior, environment, family relationship, means and result of the crime, all the sentencing conditions and sentencing criteria revealed in the trial process of this case, such as the circumstances after the crime, and the level of punishment for similar cases, it is limited to only once more than the sentence of the defendant.

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