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(영문) 수원지방법원 2017.06.08 2017고단1824
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 18, 2017, the Defendant, at around 00:30, 21, 2017, returned home with the Defendant and the victim C (35 years) who was aware of the Defendant’s and the company’s work as well as drinking alcohol on the road in front of the same 2-lane 21, Dong-gu Seoul metropolitan store centering around 00:30, the Defendant inflicted injury on the victim, such as the mouth of the combination of the flusium, the opening of the flusium that requires approximately six weeks of treatment, by taking into consideration the victim’s face at one time in relation to his work performance, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the event that the victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of mitigation (two months to one year) (special mitigation) in the area of mitigation (special mitigation) of the sentencing criteria) of category 1 (the scope of recommended punishment) general injury, where the victim is not subject to punishment (including serious efforts to recover damage) or where considerable damage has been recovered / Where the victim is seriously responsible for the occurrence of a crime or the expansion of damage;

2. In the event of the instant crime by the Defendant’s decision of sentencing, the victim suffered not only a serious injury but also a considerable amount of after-the-counter symptoms to the degree that the victim cannot work at least one month on the face of the face.

However, the victim also provided the cause of the instant case to the minor defendant's occupational infinite and consider the motive of the defendant.

After paying the victim the amount of KRW 18,561,00 as medical expenses and the amount of KRW 24,00,000 as criminal agreement, the defendant seems to have made considerable efforts for the recovery of the victim's damage.

The victim does not want to punish the defendant any longer.

In addition, the arguments and records of this case, such as the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and records.

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