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(영문) 수원지방법원 안양지원 2015.10.08 2015고단1202
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:40 on July 16, 2015, the Defendant, while under the influence of alcohol with the victim C(the age of 31) who was under the influence of alcohol, inflicted an injury on the victim, such as the mouth (openness) of the inside and floor of the floor, which requires a medical treatment for about 57 days on the right side of the victim, by her hand when her face is pushed down and her face part and the back part, etc. of the victim cannot be seen as a drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment with prison labor for not less than four months nor more than one year and six months;

(a) Basic area (from April to June) of category 1 (general injury);

(b) in the case of special mitigation (including serious efforts for the recovery of damage) or a considerable partial recovery from damage: serious injury (type 14).

2. Although the degree of injury of a victim who has been sentenced to punishment is severe, the sentence shall be determined like the order, taking into consideration the fact that the victim and the victim have not been punished by the original agreement with the victim, that the defendant has no criminal records other than the previous criminal records of a fine once, and that the defendant has no criminal records other than the defendant's age, character and conduct and environment, etc.

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