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(영문) 수원지방법원 2018.12.13 2018고단5094
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 6, 2018, the Defendant, while carrying out a seat in the FPC room E and 50 of the FPC room on the 15:05 level, G (5 years) with a seat in which the Defendant was seated by hand, was able to take a bath because the game was not easily set, and the Defendant was able to take out of the PC room with the attachment of time.

Defendant 1 saw the victim as drinking in the above PC room corridor, and acted threatening to threaten three times, and caused the victim to enter the police by making a defective report to the police one time, and caused the following three times by drinking the back head.

As a result, the Defendant suffered injury to the number of days of treatment, such as the victim's 4 poppy, and tearing alcohol, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each internal investigation report (verification of evidence Nos. 1 and CCTV installed in the FPC);

1. Investigation Report - Field Investigation

1. 112 Reporting case handling table;

1. Application of the CD-related Acts and subordinate statutes to on-site and damaged photographs, CCTV closure photographs, and CCTV image data;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing) / [the scope of recommendation] general injury [the scope of recommendation] / [the person subject to special mitigation] / [the scope of sentencing (1 and 4 kinds of injury) and the scope of comparative sentence between the applicable sentences and the recommended sentences] among the basic areas (the person subject to special aggravation] : April 1 to June 6 [the decision of sentencing] unfavorable to the defendant: The above special aggravated person. The above special aggravated person is the person subject to the above special aggravated punishment (one time of suspended sentence of imprisonment and three times of fine). The normal person favorable to the defendant. The victim is not subject to punishment, and the victim's mislead is recognized and seriously reflected. Other matters that are subject to sentencing prescribed in Article 51 of the Criminal Act.

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