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(영문) 수원지방법원 평택지원 2017.07.19 2016고단2561
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 19, 2016, at around 00:15, the Defendant was at the top of C in Pyeongtaek-si B, and at around 00:0:15, the Defendant was at one time the head of the F, who was seated in the driver’s seat, on the ground that the Defendant was a victim F, who was driving on behalf of the victim D’s EF car on behalf of the victim, (e.g., the age of 57) was driving on the road.

In addition, the above F was assaulted by F, such as leading about about 3 meters of his son and woman's breath, by putting him away from the train.

Ultimately, the Defendant inflicted injury on the F, as a result, to the said F, on three occasions in need of approximately four weeks of medical treatment, and damaged the said D’s car to cover KRW 60,891.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Written estimate;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) [Scope of the recommended punishment] general injury (in the case of a person subject to special mitigation] and the mitigated area (two months to one year) (in the case of a person subject to special mitigation)

(b) Crimes No. 2 (Destruction) [Scope of Recommendation] General Criteria (Destruction of Property, etc.] In the mitigation area (one month to six months) (Special Mitigation Persons) (Special Mitigation Persons)

(c) The scope of final sentence due to the aggravation of multiple offenses: two months to one year;

2. Circumstances disadvantageous to the decision of sentence: Confession, reflectiveness, and reflectiveness of the victim’s act of violence against the victim on the ground that the victim F was light by the Defendant, thereby causing injury to the victim and causing damage to the motor vehicle: the degree of damage to the above victim is relatively heavy.

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