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(영문) 수원지방법원 여주지원 2016.07.20 2016고단371
상해
Text

A defendant shall be punished by imprisonment for six 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

[criminal record] The defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Sungnam support on May 13, 2008, and five times the criminal records of the same kind of violent crime, such as imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

[2] On January 23, 2016, the Defendant: (a) around 00:14, the victim C (28 tax) located in the Dongcheon-si, Gyeonggi-do, seeking to drink cans within the convenience store operated by the victim C (28 tax) and was placed on the part of the head of the victim of the said cans, while drinking in the store.

As a result, the Defendant inflicted bodily injury on the victim, such as brain salute, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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 [Scope of Recommendation] General Injury [No person in charge of general sentencing] [No person in charge of special sentencing] / [Decision of sentence] / When the defendant who has been punished several times due to the crime of the same kind for 2 years of imprisonment with prison labor for June suspension of 2 years, he/she commits the instant crime, and there are circumstances that do not reach an agreement with the victim. However, the sentence of sentence is to be imposed in consideration of the circumstances where the degree of injury suffered by the victim is relatively heavy.

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