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(영문) 수원지방법원 2014.07.02 2013고단3755
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 20, 2013, at around 22:25, the Defendant, at the second floor of the 'D Hospital' located in Suwon-si, Suwon-si C, and on the ground that the victim E (the age of 68) used and left the public telephone late late at night, inflicted injury on the victim's right eyebrow one time at the victim's right eyebrow, and 200m tear.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of types] the group of violent crimes-general injury [the scope of the recommended sentence] the special mitigation area [one month to one year of imprisonment]: Insignificant injury, non-compliance with punishment;

3. Determination of sentence: (a) the Defendant agreed with the injured party in a unanimous agreement; and (b) the extent of injury is relatively minor; and (c) the sentence is determined as ordered within the scope of recommendation.

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