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(영문) 수원지방법원 안양지원 2020.01.30 2019고단1936
상해
Text

A defendant shall be punished by imprisonment for one year.

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 02:30 on July 28, 2019, the Defendant inflicted an injury on the victim C (Nam, 57 years of age) who passed from the front side of the Mayang-gu Mangdong-gu, Annyang-gu, Annyang-si, with a view to climbing the victim by pushing the victim's neck by hand, and breaking the victim's face and body thring up to the floor, and walking the victim's face and body flag by drinking and launchinging the her body flag, which requires treatment for about 52 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (all the data submitted by the victim on the main fact of damage), investigation report (investigation into CCTV images for crime prevention);

1. Written confirmation of admission and discharge, written opinions, each medical certificate, each injury diagnosis certificate, and copies of medical records (total seven copies, such as medical records in the emergency center);

1. A detailed statement on the handling of each 112 reported cases;

1. Application of the Acts and subordinate statutes to photographic data (the victim's photograph taken by a moving police officer), photographic data and photographic data (the photograph of a CCTV for committing a crime);

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 ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months; and and six months; and

2. Circumstances disadvantageous to the decision of sentence: The Defendant unilaterally assaulted the victim who was in time of vision on the road without any special reason and inflicted injury on the victim under the influence of alcohol.

The victim argued that even though the victim suffered from the injury of the sacity, the sacrifies have not been recovered until now, and that the sacrifies have not been recovered due to the sacratic phenomenon and the sacrifies have not been engaged in the work, and that the defendant's severe punishment has been sought.

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