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(영문) 수원지방법원 안산지원 2018.09.18 2018고단2431
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 28, 2018, the Defendant 22:52, while smoking tobacco in front of the 1st floor of the unit Btel in Ansan-si, the Defendant: (a) 22:52, on the ground that the victim C, a security guard of the instant officetel, was fluencing himself/herself; (b) took a bath for the victim; and (c) took one-time procedure for the victim’s right chest part; and (d) took one-time procedure for the victim’s right chest part, followed up to 14 days, the Defendant her stude chills that require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, shall be determined by comprehensively taking into account the following circumstances;

Unfavorable circumstances - The defendant has been punished several times for the same crime.

- The crime of causing injury to the elderly victims who refrain from doing wrong acts such as smoking tobacco in the building is not good.

In favor of the parties, the injured party seems to have first sealed the accused during the dispute.

- The injured party wishes to have his wife.

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