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(영문) 수원지방법원 평택지원 2013.11.14 2013고단1112
상해
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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

[criminal power] On June 17, 201, the Defendant has a total of 11 times of violence, including a fine of one million won for an injury in the Suwon District Court’s Eunpyeong Housing Sitewon, and a fine of one million won for an offense of violation of the Punishment of Violences, etc. Act (joint injury) in the same court on June 8, 2009.

【Criminal Facts】

On August 18, 2013, the Defendant got off from a taxi driven by the victim D (year 73) in front of Pyeongtaek-si in Gyeonggi-do on the ground that he did not pay a charge of KRW 2,500. On the ground that he did not pay a charge of KRW 2,500, the Defendant sent a part of the victim’s entrance to the taxi on the ground that he was under the influence of alcohol, and caused the victim to walking the part of the victim’s bridge once on the ground that he was under the influence of alcohol, and provided a detailed entry of the victim’s 14-day treatment and an open part of the mouth part.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the applicable criminal facts;

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

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the Defendant committed the instant crime, even though the same criminal records were 11 times but again, has committed an injury to an old taxi engineer, and there is a need for punishment corresponding thereto.

Provided, That probation shall be imposed in consideration of the fact that the victim has agreed with, that is the disabled person of Grade V, that the crime is divided, that there is no record of crime exceeding the fine, and probation shall be imposed in order to prevent the risk of recidivism.

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