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Reasons
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(영문) 수원지방법원 평택지원 2017.12.06 2017고단1351
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 21, 2017, at around 03:00, the Defendant expressed the “E” point in the “E” point in the operation of the victim D (n, 54 years of age) located in Ansan C, calculated the drinking value with F, and expressed that the Defendant would take the horses from the damaged person while avoiding the disturbance, and that the Defendant would take the horses “I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h,

As a result, the Defendant inflicted injury on the victim, such as the video, etc., of the 2nd part of the table, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written statement of G and F;

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

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: Basic area (type 1 between April and June);

2. Although there are favorable circumstances such as the fact that the defendant's decision of sentence is against the defendant, and that the defendant paid part of compensation for damage (200,000 won) to the victim, the crime of this case was committed by the defendant without any particular reason under the influence of alcohol and thus the nature of the crime is bad, the defendant committed the crime of this case during the period during which the same crime was suspended, and the victim wants to be punished, it is reasonable to sentence imprisonment with prison labor for the defendant.

In determining the term of punishment, all the conditions of sentencing, such as the victim's degree of injury, age, sex, environment, family relationship, health conditions, etc., were considered.

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