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(영문) 수원지방법원 성남지원 2015.09.09 2015고단1333
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 8, 2015, at around 22:30, the Defendant: (a) was unable to find a house by the victim C (the age of 31) who is a substitute driver in front of the 50 Sungwon apartment 104-dong, Taeju-ro, Gwangju-si; (b) assaulted the victim’s head by taking the head from the vehicle; (c) sold the victim’s inside part of the drinking house after taking the vehicle; (d) continued to take part of the body of the victim, such as the victim’s head, etc., spath, spath, spath, and bridge; and (e) caused the victim’s bodily injury to the victim, such as the sofarc and the left-hand body spath, which require approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

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

1. The scope of applicable sentences under law: one month to seven years; and

2. In cases where the scope of the applicable sentences according to the sentencing guidelines [the scope of the applicable sentences] general injury area (the basic area of April to one year and six months), the basic area (the person subject to special mitigation] of punishment (including the advanced efforts for recovery of damage), non-conformity of punishment (including the advanced efforts for recovery of damage), or considerable damage has been restored / In cases of serious injury (the types of 1 and 4).

3. Determination of sentence: The sentence shall be determined like the order, taking into consideration all the sentencing conditions shown in the pleadings of this case, such as the fact that the result of an injury to the victim during a period of eight months of imprisonment or two years of suspended execution is significant, but agreed with the victim, and that his crime is divided and reflected;

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