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(영문) 수원지방법원 안산지원 2016.04.07 2016고단321
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 January 23, 2016, the Defendant: (a) was on the part of the victim B and on the part of the victim; (b) 05:00 on January 23, 2016, on the part of the member C building of Ansan-si, the Defendant spite the elevator in the elevator; and (c) was at the expense of the victim on the ground that the victim spits off the elevator in the elevator; and (d) was at the expense of the victim on the part of the corridor of the first floor of the above building four occasions, the Defendant inflicted an injury on the part of the left side and the mouth part of the elevator requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims and suspects;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] general injury in category 1 (the scope of general injury) (the period from April 1 to June), basic area (the period from April 1) [the person subject to special mitigation (including efforts to recover damage), or where considerable damage has been recovered, / the injury (the type 1 and 4) serious (the decision of sentence] [the decision of sentence] that the victim inflicted an injury in need of eight weeks of medical treatment due to the instant crime is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant and the conditions of all the sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the defendant recognized the defendant's mistake, the defendant has no criminal history, and the injured party does not want the punishment of the defendant, the same punishment as the order shall be determined.

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