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(영문) 수원지방법원 여주지원 2016.10.07 2016고단847
상해등
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

1. On June 14, 2015, the Defendant: (a) around 17:30 on June 14, 2015, the victim C (at the age of 52) living together in his/her residence located in Echeon-si, Echeon-si; (b) went beyond the floor by breaking the victim’s head car in his/her hand while the victim C (at the age of 52) was married to Daejeon in Daejeon.

As a result, the Defendant had caused the victim to suffer from approximately two weeks of treatment, such as a scambry, a scambry, and a diagnosis.

2. On January 19, 2016, the Defendant suffered special injury: (a) around 21:13, 2016, on the grounds that the said victim made an insulting speech to the Defendant, such as “E” restaurant located in Ischeon-si D, E, and (b) made a knife with the victim’s left top part of the body, which is a dangerous thing, one time.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as shoulder, arms, and other scambling damage that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Address photographs of the case;

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

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of special injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act and Article 32 of the Act on Probation, etc. are favorable circumstances such as the defendant's time of committing his/her crime, the fact that the victim and the victim agreed smoothly, and the situation where the victim suffered external speculation, the defendant could have inflicted a serious bodily injury on his/her body by committing the crime. The defendant in 2015.

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