(영문) 수원지방법원 성남지원 2017.11.03 2017고단2118

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2017.11.03 2017고단2118

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

Reasons

Punishment of the crime

On June 23, 2017, the Defendant: (a) around 23:40 on June 23, 2017, parked in the Do-si Do-si Do-ro 278, and caused injury to the victim, such as inside a vehicle, the victim D (the 26-year old age), and the cost-sharing of transfer expenses, etc. while having been in dispute; (b) the victim's head bond was frighted; (c) the victim's face was frighted; (d) the victim's head bond was frighted; (d) the victim's head bond was frighted from the above vehicle; (e) the victim's head bond was frighted into the parking lot; and (e) the victim's face was frighted by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Evidence, photographs, and damaged photographs;

1. Application of Acts and subordinate statutes, such as a medical certificate, medical certificate, and opinion;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General In the mitigated area (two months to one year), [the person subject to special mitigation], or where considerable damage has been recovered (including serious efforts to recover damage), favorable circumstances: (a) the Defendant’s mistake is against the victim; (b) the fact that the Defendant’s agreement is reached with the victim during the trial; and (c) the fact that the agreement was reached with the victim during the unfavorable circumstances was a minor dispute that may occur between him/her and her, causing serious violence to the victim.

Defendant has been punished by a fine on three occasions for violent crimes.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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