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(영문) 수원지방법원 평택지원 2017.08.30 2017고단951
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 25, 2017, the Defendant’s defect in returning home on the victim D (n, 36 years of age) who had drinking together at “C main point” located in Pyeongtaek-si B on February 25, 2017.

In addition, in front of the above "C main point", the victim's head head was flicked and the victim's head was flicked, and the victim was flicked to the right flick, and the victim was flicked to the right flick, which requires treatment for 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes of the victim's assault photograph, injury diagnosis report;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of the punishment of imprisonment (within the scope of the recommended sentencing criteria) concerning the crime;

1. Application of the sentencing criteria [Scope of the recommended punishment] General injury (type 1) in general, the area of special mitigation (one month to one year);

2. Although the Defendant’s decision to punish the instant crime was well-founded, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant was fully aware of the instant crime, that the Defendant agreed with the victim (to submit a written agreement on August 14, 2017), and that the degree of injury to the victim is relatively minor, the instant crime was committed by using non-discriminatory violence to prevent the victim from returning home, which is female victims, and the case and the nature of the crime is not easy. The Defendant committed the instant crime without being aware of during the period of suspension of execution due to the crime of interference with and insult of the performance of official duties, and the Defendant was first punished by a fine by two crimes other than the instant case during the period of suspension of execution. Moreover, the Defendant was first punished by a fine by two crimes other than the instant case during the said period of suspension of execution, and the prosecutor of this case (No. 22299) appealed by appeal to the appellate court as Suwon District Court Decision 2017No15

In light of the fact that the Defendant committed the instant crime before the lapse of the period from the date of the sentence ( February 16, 2017), the Defendant could have a criminal record related to the instant act of violence, including imprisonment with prison labor and a suspended execution.

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