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(영문) 수원지방법원 안산지원 2019.11.28 2019고단3259
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 16:00 on July 21, 2019, the Defendant suffered the clothes of the victim E (the age of 59) hospitalized in the same sick room within the c hospital D located in Ansan-si, Ansan-si, and did not return them to the Defendant. On the other hand, the Defendant suffered injury to the victim’s fright face without about 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Statement of opinion;

1. Application of Acts and subordinate statutes of the case-related photograph and written diagnosis of injury;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the victim’s degree of damage is not somewhat weak, etc., that is disadvantageous to the defendant.

However, the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant recognized the crime and reflects the mistake, and the fact that the defendant has no record of the same criminal conduct or fine, etc., which are favorable to the defendant, and the health status, age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, shall be determined as ordered, comprehensively taking into account the following factors:

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