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(영문) 수원지방법원 2016.08.10 2014고단4745
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:00 on July 18, 2014, the Defendant: “E” restaurant near the D Station located in Suwon-si, Suwon-si, with the victim F (n, 41 years of age) who was a female living together, was asked to change the victim and refused to request it; but, upon refusal, the Defendant sent the victim’s left side buckbucks and bucks of the victim who attempted to return to the house from the above restaurant, followed the victim’s left side bucks, taken the victim’s bucks by hand, taken the victim’s buckbucks and bucks around the victim’s head by hand; the victim’s head is faced with the wall; the victim’s head continues to go beyond the victim; and the victim’s bucks and bucks the victim’s body, the number of days of the victim’s injury to the victim; and the victim’s body can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the protocol of examination of the witness with respect to F;

1. Statement made to F in the police statement protocol;

1. Application of each of the visual Acts and subordinate statutes to images of an injured part;

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 stay of execution (the following circumstances, etc. considered as the grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The basic area [the scope of the recommended punishment] the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be four months to one year and six months; and

2. Although the Defendant had been punished for multiple violent crimes even before the sentence was rendered, the sentence shall be imposed within the scope of the sentence of recommendation, taking into account all the circumstances indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, and circumstances after the crime, including the fact that there was no history of punishment heavier than a suspended sentence for the last ten years, and the victim did not reach the degree of serious injury inflicted upon the victim.

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