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(영문) 수원지방법원 2017.08.09 2017고단2509
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2017, the Defendant: (a) at the main point of “D” located in Suwon-si C, Suwon-si, and (b) on the ground that he went from the victim E (tax age 49), brought an injury to the victim, i.e., taking the victim’s face into consideration by drinking, resulting in approximately 28 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to damaged parts of photographs and a written diagnosis of injury;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the basic area (from April to one year and six months) (no person in special sentencing)

2. The defendant who has been sentenced to punishment has been subject to punishment several times due to crimes related to violence, and the degree of injury suffered by the victim is minor;

Considering the fact that it cannot be seen, the damage of the victim was not recovered, the failure to reach an agreement, and the fact that the defendant led to the confession of the crime of this case and the defendant is against the law.

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