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(영문) 수원지방법원 성남지원 2021.01.28 2020고단2299
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:55 on June 20, 2020, the Defendant: (a) under the influence of alcohol in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and D (50) on the second floor without any particular reason, and (b) caused the victim and the victim to have his/her desire defective; (c) under the stairs that come from the singing room to the first floor, the victim was pushed the victim on his/her left hand, and (d) caused the victim to go beyond the stairs; and (d) caused the victim to go out of the bar by force with the victim's multiple hands, thereby causing the victim to suffer injury, such as cutting down the upper part of the bar for about seven weeks to the right end of the stairs.

Summary of Evidence

1. Medical certificate, receipt, etc. of the police statement B by the defendant in court;

1. Application of CCTV-related Acts and subordinate statutes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Determination of sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (in cases where the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal proceedings) of the Act on Special Cases concerning the Punishment, etc. of Specific Cases concerning the Punishment, etc. of Application for Compensation, by taking into account the following circumstances and the defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the method and consequence of the crime, and all the conditions of sentencing

Unfavorable circumstances: At the time of committing the crime, the victim seems to be in difficult condition to keep the body tightly below the stairs.

Nevertheless, the Defendant got out of the stairs the victim who is tightly lower than the lower part of the stairs, thereby getting out of the lower part of the victim.

In light of these methods of crime, the nature of the instant crime is inferior.

The degree of injury inflicted on the victim by the defendant is important.

The Defendant has been victimized until now.

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