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(영문) 수원지방법원 2015.11.23 2015고단3377
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 22, 2015, at around 21:10, the Defendant was on board the top of the driver’s license car in front of the accelerator B, which was driven at the road in front of the Pcchip on the street. On the ground that C was faced by the victim D (the age of 36) and the victim E (the age of 31) where C was on the front side of the vehicle, the Defendant was at one time at the right side of the victim D by drinking, and then at one time at the right side of the victim E by hand.

As a result, the defendant suffered from the victim D about four weeks of treatment, such as the red bond loss and the astronomical impairment, etc., and the victim E suffered from approximately one week of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

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

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence of punishment is that the degree of injury suffered by victim D is not minor, it is difficult to completely recover from treatment even after treatment, and it is unfair to completely recover from treatment, such as the fact that there is no written application from victim E, the fact that there is two times a record of having been punished by violence against the defendant, and that there is no written application from the victim E, the defendant paid 5 million won to the victim for an agreement, and the amount of punishment of the victim is not subject to punishment other than the above punishment of the victim, the defendant paid 5 million won to the victim for an agreement.

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