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(영문) 수원지방법원 안산지원 2016.10.06 2016고단2237
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 02:10 on April 30, 2016, the Defendant reported that the victim D (son, 20 years of age) is smoking tobacco at the upper floor of the Magdong-gu, Ansan-si, Ansan-si, and confirmed that the victim was satisfing, and that the victim was satisfing, and that the victim was satisfing, when drinking alcohol, the victim was dating, so that the victim was satisfing at the face of the victim's face and satisfing over the floor so that the satisfing part was carried out several times, and then the victim suffered injury, such as a satfing for about 43 days, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report);

1. The relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing [the scope of recommendation] for sentencing [the grounds for sentencing] for the first category (6-2 years) of general injury [the scope of recommendation] and the aggravated area (6-6-2 years) of punishment [the amount of general injury] [the decision of sentence] is recognized and against the defendant's mistake, the defendant deposits five million won for the victim, and the defendant has no specific criminal power.

However, due to the instant crime, the victim suffered serious injury to the extent that he/she should undergo a surgery on the basis of a general anesthesia, and even if so, the damage has not yet been sufficiently recovered until now (the victim expressed his/her intention not to be punished immediately after being investigated by the police on the day of the instant case, but this is done without accurately knowing the degree of his/her damage, so the sentence of punishment is inevitable in light of the circumstances unfavorable to him/her, such as the fact that his/her damage was done without accurate knowledge.)

The same sentence as the order shall be determined in consideration of the above circumstances and the conditions of the sentencing prescribed in Article 51 of the Criminal Act.

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