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(영문) 수원지방법원 안산지원 2016.05.31 2016고단547
상해
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for six months;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On December 18, 2015, Defendant A, under the influence of alcohol in front of Masan-si, Masan-si, Masan-si, Annsan-si, the Defendant: (a) had the victim D (38 years of age) take a bath in front of Masan-si; and (b) had the victim take a bath once for drinking while booming into dispute; and (c) had the victim take a bath.

As a result, the Defendant inflicted injury on the victim, such as external wounds of climatic signboards that need to be treated for about six weeks.

2. Defendant B heard that Defendant B, at the same time and at the same place as above 1. Paragraph 1., Defendant B had a view that Defendant D, who is a vegetable, had the face of the victim 10 times in drinking, was taking the head of the above D due to this rash and the victim A (33.).

As a result, the Defendant inflicted injury on the victim, such as cutting a peltos that need to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Selection of punishment - Defendant A: Imprisonment - Defendant B: Selection of fine;

1. Attraction of a workhouse - Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution - Defendant A: Article 62 (1) of the Criminal Act;

1. community service order - Defendant A: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where the mitigated area (two months to one year), in the mitigated area (including special mitigation), the penalty is not imposed (including serious efforts to recover damage), or considerable damage has been restored to a certain part) of the standard for sentencing [the scope of recommended punishment] general injury;

2. In light of all the circumstances such as the Defendants’ confessions and reflects each of the instant crimes, the Defendants agreed with the victims after the prosecution of the instant case, and the victims do not want the punishment of the Defendants, the sentence as ordered shall be determined by reference to the above sentencing guidelines.

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