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(영문) 수원지방법원 2016.11.10 2016고단5596
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 became final and conclusive.

Reasons

Punishment of the crime

At around 04:50 on September 15, 2016, the Defendant: (a) called “D” in the trade name “D” operated by Suwon-si, Suwon-si, Suwon-si; (b) as a matter of pre-payment of the drinking value, and (c) had a dispute with the victim; (d) the victim would not drink; (e) the victim would not drink, and (e) the Defendant went out of the drinking house.

The Defendant continued to drive away the victim and the back of the Defendant in front of the foregoing alcohol house, and caused an injury on the left side of the victim, such as inside and outside the left side of the victim, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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

1. Where the sentencing guidelines are applied [the range of recommending punishment] general injury, Type 1 (General Injury), mitigated area (two to one year), not subject to punishment (including serious efforts to recover damage), or considerable damage has been recovered;

2. The Defendant: (a) decided to sentence the victim’s clothes, and (b) decided the victim’s eye, thereby causing injury to the victim, such as the left-hand side of the victim requiring treatment for up to two weeks; and (c) in light of the circumstances leading to the crime, the method of the crime, and the degree of injury to the victim, etc., the nature of the crime is inferior.

In addition, the fact that the defendant had been punished several times for the same crime even before the case is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized and against the victim, that the defendant has agreed with the victim, that there is no record of punishment exceeding the fine prior to the case, and that there is no record of the records and arguments such as the defendant's age, character and conduct.

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