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(영문) 수원지방법원 2020.12.10 2020고단5580
상해
Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2020, the Defendant: (a) around 18:45 on May 2, 202, the Defendant: (b) brought a de facto dispute with the victim B (here, 74 years of age) who was in a de facto marital relationship in Suwon-si, Suwon-si, which is the Defendant’s residence; and (c) brought the victim at two times at hand in order to show the victim out of the house.

The Defendant continued to catch the Defendant’s fat, fat the fat, fat of the victim’s bat, fat the victim’s bat outside of the hallway, and knee, kneeing the victim’s body, and divided the victim’s body into the victim’s body, and inflicted injury on the victim, such as a salt fat fat, tension, etc., for about four weeks of medical treatment.

Summary of Evidence

1. Statement of the police concerning B by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 2), each investigation report (Evidence List Nos. 11, 13, 15);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is not clear);

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of recommendations according to the sentencing criteria: The basic area of not less than four months but not more than one year and six months (decision of type) shall be the general category of violent crimes and not more than one category (general injury inflicted upon a person in general) [Recommendation Area].

3. Determination of sentence: Imprisonment with prison labor for six months, and one year of stay of execution, the defendant is not deemed to have inflicted an injury on the victim as stated in his/her reasoning by using violence, and such crime is minor;

Nevertheless, the Defendant failed to take sufficient measures for the recovery of damage, so the Defendant was not able to receive an application for the instant crime from the victim.

However, the defendant's fights against the victim who was de facto marital relationship with the victim.

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