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(영문) 수원지방법원 2014.05.16 2013고단5278
상해
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A defendant shall be punished by imprisonment for not less than five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 10:45 on August 28, 2013, the Defendant: (a) had a person who was requested to repay money from the victim while drinking alcohol together with the victim E (the age of 54) located in Suwon-si, Suwon-si; (b) had the victim go beyond 10 times on the face of the victim; and (c) had the victim go beyond 10 times.

As a result, the Defendant inflicted an injury on the part of the coco, such as getting the victim to get the cocon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Copies of medical treatment request;

1. Application of Acts and subordinate statutes concerning photographic images;

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. The scope of applicable sentences: Imprisonment for one month to seven years;

2. Application of the sentencing criteria (determination of types): Type 1 (General Inflicting) (Special Inflicting) (Special Inflicting Person): Reduction of punishment: Reduction of punishment area (determination of the recommended area): Reduction area [Scope of recommendation area]: Imprisonment with prison labor for not less than two months to one year (whether suspended of execution of punishment is suspended of punishment) - Major reasons for discussion: Non-execution of punishment;

3. Determination of sentence: Imprisonment with prison labor for five months and suspension of execution for two years (ten years in extenuating circumstances, such as that the degree of violence is not minor, that the defendant has a majority of criminal records for the same kind of crime, that there is no same criminal records during the latest five years, and that there has been a smooth agreement with the victim).

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