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(영문) 수원지방법원 2017.10.19 2017고단4503
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2017, the Defendant: (a) around 02:45, at the 'D main point' calculated by the victim C(39 taxes) of the victim C in Suwon-si B and D (39 taxes) this 'D main point' operated by the Defendant, the Defendant: (b) pushed the victim's neck with the victim's hand during the drinking value, carried the victim's neck back to the floor; (c) pushed the victim's left shoulder with both hand; and (d) inflicted injury on the victim, such as salt, tension, etc., in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each investigation report in C’s statement (as to the list Nos. 2 of evidence, CCTV confirmation case, submission of a victim’s injury diagnosis report, and change of the name of the crime

1. Relevant Article 357 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following reasons for sentencing) of the Act on the Punishment [the scope of recommendations] / [the scope of recommendations] general injury [the range of two months or one year] general injury (the person with a special mitigation] / the scope of comparative sentence between the applicable sentences and the recommended sentences: two months or one year [the sentence] - The sentence shall be sentenced for two months or one year [the sentence] - The circumstances unfavorable to the defendant: The name shall not be compensated for six times or more of the punishment for previous crimes of violence (the crime of injury, assault, obstruction of execution of official duties). The name shall not be compensated for damage: The normal injury favorable to the defendant; there shall be no special injury committed against the defendant; - The mistake shall be recognized and reflected; - Other matters on which the sentencing conditions stipulated in Article 51 of the Criminal Act are imposed.

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