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(영문) 수원지방법원 평택지원 2019.08.23 2019고단836
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 9, 2019, between 00:0 and 05:00 the following day, the Defendant: (a) in the Defendant’s residence located in Pyeongtaek-si B; (b) on the ground that the Defendant and de facto marriage victim C (the age of 62) attended the Dong branch of the mountain conference preceding the preceding day and was staying for gambling, the Defendant sent the victim’s face and body parts to the Defendant’s drinking, booming the victim’s face and body parts on the top of booming the victim’s head with the Defendant’s hand; and (c) on the part of the Defendant’s hand, the victim’s head part was 5 times in front of the victim’s head; and (d) on the part of the Defendant’s hand, the victim’s neck was frightened with the victim’s head part; and (d) on the part of the victim’s frightw, the victim’s dump was imple for 9 days in order for the victim to suffer injury, such as implele and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the victim;

1. Each police statement made to D or C;

1. A written diagnosis of injury;

1. A photograph of the injured party during the hospitalization of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. On the grounds of sentencing under Article 62-2 of the Criminal Act of probation and community service order, the following factors of sentencing are determined as follows: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime.

The favorable sentencing factors: the defendant's mistake is recognized, the defendant is a disabled person of grade III with delay disability, the defendant paid and agreed to pay 10 million won to the victim, and the defendant seems to have been detained for about two months in this case, and the sentencing factors disadvantageous to the defendant are likely to have been reflected: the defendant has long been long.

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