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(영문) 수원지방법원 2016.12.16 2016고단4880
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

The Defendant had a complaint against the victim on the ground that the victim E (the age of 45) who resided in the 4th floor of the 4th floor of the Gosan-si, Osan-si, and resided in the 421st floor of the above 4th floor of the 4th floor of the above 4th floor of the 421st floor of the above 4th floor

On August 3, 2016, the Defendant: (a) around 14:10 on August 3, 2016, when the victim made a telephone conversation, and was found to be 4.21 room where the victim resides; (b) when the victim’s face and side gate are 30 times, the Defendant inflicted injury on the victim, such as cutting off the frame of the right side and the inner wall where treatment is required for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes stated in an investigation report (related to the submission of a written diagnosis of injury to a victim);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be limited to the basic area (the scope of recommendations] of category 1 (General Injury) and the basic area (the scope of recommendations]: four months to one year and six months; and

2. In light of the following circumstances, the degree of injury of the victim who has been sentenced to punishment is not easy, and the defendant has no record of having been punished for the same kind of crime or of having been sentenced to suspended execution or heavier punishment, confession of the crime, the defendant's deposit of 1.2 million won as damages for the victim, taking into account the favorable circumstances, and taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, motive for the crime, and circumstances after the crime, the punishment shall be determined as ordered within the scope of recommendation.

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