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(영문) 수원지방법원 2015.11.05 2015고단2893
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 9, 2015, the Defendant: (a) around 03:54, on the ground that the victim E(59 years of age) in the D’s station located in Yong-si, Young-si, D’s station made it impossible for the Defendant to take away the Defendant’s passenger car that the victim E(59 years of age) would prevent the way; (b) in drinking, the Defendant inflicted an injury on the victim F’s face (44 years of age) to walk the bridge at three times with his hand and walk the bridge at one time; and (c) the victim F’s face (44 years of age) to walk the bridge at one time; and (d) the opening of the bridge and the left-hand side of the bridge for about 14 days to the victim E, including 8 and 9 days on the left-hand side in need of treatment for about 6 weeks.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Each police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Evidence photographs;

1. Investigation report (the CCTV images of the victim, the victim G statement), assault video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F) and the injury diagnosis certificate (E);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where the grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. are recovered from the mitigated area of punishment [the scope of recommendation] (the scope of punishment] (the person subject to special mitigation] (including the efforts to recover damage), the mitigated area of punishment (including the advanced efforts to recover damage), or considerable partial damage], the second crime [the scope of recommendation] general mitigation area (one to one year), the minor mitigation area (one to one year), the minor mitigation area (one to one year), the non-permanent mitigation area (including the advanced efforts to recover damage) or considerable partial damage (including one to one year), the final mitigation scope of punishment due to the aggravation of multiple crimes: February to 16 [the decision of sentence] imprisonment for up to 8 months, and the victims of suspended execution two years.

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