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(영문) 수원지방법원 2017.10.12 2017고단4024
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2017, the Defendant: (a) around 19:00, at the “D” parking lot located in Yeongdeungpo-gu, Suwon-si, Suwon-si; (b) on the ground that the victim B (58 years of age) expressed the Defendant’s desire under the influence of alcohol, and (c) on the face of the victim five times in drinking; and (d) on the part of the victim’s body, the Defendant inflicted an injury, such as blood transfusion, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images to the defendant's legal statement to the prosecutor's office's report on the investigation of injury (hereinafter "D CCTV") and the examination report of injury to the defendant

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 25 (2) and (1), Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution [Scope of Recommendation] General Injury [Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Provisional Execution] / [Article 31(3) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes / [Article 31(3) of the Act on Special Cases concerning the Punishment, etc. of Specific Injury [Article 31(1)-2] / The scope of sentence comparison between the applicable sentences and the recommended sentences [Article 1-4] serious injury (Article 1-4] : June-2 year [Pronouncement] unfavorable to the defendant: the injury that is anticipated to be serious injury (Article 31(1) of the Act on Special Cases concerning the Punishment, etc. of Violences, etc.; Article 31(3) of the Act on Special Cases concerning the Punishment, etc. of Violences; Article 31-2 of the Act on Special Cases concerning the Punishment, etc. of Violences; Article 5 of the Act on Specific Punishment of the victim.

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