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(영문) 수원지방법원 성남지원 2017.03.31 2016고단4187
상해
Text

A defendant shall be punished by imprisonment for one year.

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 November 8, 2016, the Defendant, at around 22:25, at the entrance of the "D" food store in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City on November 22:25, 2016, drunkd the victim E (30 years of age) and tobacco from the workplace, she fright to walk the victim's hosium due to the victim's absium while smoking, she resisted the victim's face, she fright to the victim's face by drinking, and she sustained the victim's face and body fright to walk on about 56 days on the surface, and caused the victim's injury, such as a high wave of high wave on the left-hand side in need of treatment

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a medical certificate of injury, a copy of medical record, and statutes governing damaged photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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

1. Scope of recommendations on the sentencing criteria - The basic area (from April to June) of category 1 (the general injury) shall be the basic area (from April to June) - Special mitigation (aggravating): In the case of a person not subject to punishment, an injury which is serious;

2. Circumstances unfavorable to the decision of sentence: The sentence shall be determined as per the order, considering the circumstances under Article 51 of the Criminal Act, the extent of the injury of the victim, etc. in light of the circumstances and contents of the crime, and the fact that the defendant led to the crime in this case and appears to have repented his/her mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, that the victim does not have any criminal record of a fine or heavier punishment, and that the extent of the recommended punishment in the sentencing guidelines

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