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(영문) 수원지방법원 2016.08.10 2016고단2061
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant, at around 20:00, performed drinking in the 'E' restaurant, which is located in Suwon-si, Suwon-si, and became a dispute with the victim C (57 years of age). On December 23, 2015, the Defendant expressed the victim’s desire to “the victim who was trying to return home due to his house before the above restaurant,” and took the victim’s back, and had the victim go back by hand, and had the victim go beyond the floor, thereby causing injury, such as cutting the upper part of the right-hand copy, etc. necessary for medical treatment for a period of 56 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each injury diagnosis letter;

1. Application of evidence video CD-related Acts and subordinate statutes

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Articles 25(3)3 and 4, and 32(1)3 (the scope of liability for damages 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 Promotion, etc. of Lawsuits of Dismissal of Application for Compensation [the scope of recommending punishment] where an intentional injury is committed in the basic area ( April - 1 year and 6) (the scope of recommending punishment) of the category 1 (general injury) (the scope of recommending punishment] of the basic area ( April - 1 year) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation] / Where an intentional injury is committed in a serious injury [adjudication] unfavorable circumstances: A normal circumstance in which the degree of injury suffered by the victim is not less easily: The victim’s act (the victim’s abusive bath and drinking expenses) appears to have been the end of the crime of this case; and the victim

The sentence shall be determined as ordered in consideration of the above circumstances, the defendant's age, sex, environment, etc., and all the sentencing conditions.

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