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(영문) 수원지방법원 안산지원 2019.07.11 2019고단1646
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the relationship between the victim B and the law.

1. Around August 7, 2018, the Defendant: (a) told a breath of alcohol, and said that he/she would like to make a settlement at the same time three days before an Ansan-si C and D, Annsan-si, whose residence is an Ansan-si; (b) however, the Defendant: (c) expressed that he/she did not refuse to do so; (d) expressed the victim’s desire to take his/her own view of the defect that he/she intends to leave; (d) made the victim c and hand on two occasions; and (e) made two instances of knick-bucks with each face; and (e) sustained injuries, such as an inner seat, where the victim needs to take a medical treatment for about three weeks, on the other hand, the Defendant sustained two parts of the buckbucks of the victim.

2. At around 14:00 on September 16, 2017, the Defendant brought a dispute with the victim as a matter of drinking on the road on which he/she was travelling to Jeju-do.

The defendant arrived at Ansan-si, Ansan-si C and D where his residence, and the defendant met his friendship, and the victim did not see that "I have been frightened about why I would frighten?" but frightened with both arms of the victim, the defendant frightened both arms of the victim, and fright towards both arms of the victim, which require two weeks of treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning B;

1. A report on internal investigation (attaching a medical certificate of injury and a photograph of part of the injury);

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The violence between the family with reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is against the family in need of spatial sharing, and as a result, it is a serious crime that cannot be measured only with the part or degree of injury of one victim in that it may cause damage to other family members.

The defendant also exercised violence in the situation where he has a child.

(b).

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