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(영문) 수원지방법원 2020.01.16 2019고합552
중상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 2, 2019, the Defendant: (a) around 21:30 on Apr. 2, 2019, around B hotel Nos. B hotel Nos. B, D (the age of 37) and drinking alcohol, and (b) performed drinking without any special reason, thereby causing injury to the injured party due to trauma paciosis; and (c) thereby making the injured party real name of the snow of the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] general injury [Type 2] serious injury (special person in a form of punishment): In cases where the reduction element of a punishment is not granted or considerable damage has been recovered, [the area of recommendation and the scope of the recommended sentence] mitigation area, six months to one year and six months (the scope of the corrected recommended sentence according to the applicable sentencing type] imprisonment for one year and one year and six months (in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing type, it shall be based on the statutory minimum limit of the applicable sentencing type).

3. Determination of sentence: The crime of this case for two years of imprisonment with prison labor for a year and a stay of one-year is a case where the defendant, without any particular reason, was found to have the victim suffer a serious injury of his real name by drinking alcohol to the left side of the victim, and the criminal liability is heavy.

The victim suffered a serious physical damage which could not be recovered from this case, and the defendant needs to be punished with severe punishment corresponding thereto.

However, under the condition that the defendant led to the confession of the crime of this case, and his mistake is divided, and the total amount of KRW 500 million is paid in installments over a long-term period, the victim and the victim do not want the punishment of the defendant, and around 20 years, respectively.

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