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(영문) 수원지방법원 2014.07.07 2014고단2294
상해
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, who was living together, had the victim B (the 44 years of age, women) who was flicked, did not receive a telephone from him, and had his own land manager call to the victim to the effect that he was flicked by this article center around 20:00 on April 1, 2014.

At around 07:30 on April 2, 2014, the Defendant, using his own car, sent the victim to the Diplomatic Inspection Center located in Suwon-gu, Suwon-si, and talked with the victim, who used the victim’s own car to go in the vicinity of the Diplomatic Center, and then talked with the victim. In doing so, the Defendant expressed the victim’s face part of the victim’s face at the right drinking with three times.

In this way, the defendant was saved with an instigious with the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each photograph (Nos. 4 and 6 of the evidence list);

1. Application of the Acts and subordinate statutes on injury relief;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [type of crime] - General Influences Nos. 1 - General Influences (Special Influences) mitigation element - General Influences (the scope of the area and recommendations) mitigation element - [decision of sentence] mitigation area - Two months or more of imprisonment [decision of sentence] 120 hours for community service in six months suspended execution - The above sentencing factors and the defendant, including the sentence of imprisonment, committed the instant crime even if they could have been committed for the same kind of crime; on the other hand, the defendant recognized his mistake; and on the other hand, the degree of injury caused by the instant crime is not much serious.

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