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(영문) 수원지방법원 성남지원 2018.01.17 2017고단3136
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 November 4, 2017, the Defendant, at around 06:00, 801 of C hotel C hotel B located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and the currency recording file that the Defendant divided into the Defendant’s female-friendly victim D’s friendship, was made. The Defendant, as his hand, spits the victim’s face at several times, and spits the victim’s face, and caused the victim’s injury, such as the left-hand sprink, spacks, and shocks, which require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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 on the suspended execution;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) shall not be punished in the mitigated area (two months to one year) (the special mitigated person];

2. The decision of sentence [the prosecutor's opinion] imprisonment with prison labor for one year / [Judgment] imprisonment with prison labor for four months, the degree of violence for one year of suspended sentence is heavy, the defendant's like power, etc. shall be chosen to imprisonment with prison labor;

However, considering the favorable circumstances, such as the defendant's confession, and the fact that the victim does not want the defendant's punishment by agreement with the victim, the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines and the execution of the punishment shall be postponed by comprehensively taking account of various sentencing conditions specified in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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