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Reasons
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(영문) 수원지방법원 2019.05.09 2019고단135
상해
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A defendant shall be punished by imprisonment for six 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

At around 01:27 December 28, 2018, the Defendant: (a) while drinking alcohol together with the Victim D (Nam, 27 years of age) in Suwon-si B, the Defendant: (b) brought about a dispute with the Victim D in drinking alcohol; (c) brought about the back of the Victim; (d) brought about the Victim’s back; (e) brought about the Victim’s back into the road; and (e) brought about the Victim’s back to the road; (e) pushed the Victim, leading him over the floor, pushed the Victim into the floor; and (e) continued to inflict the Victim’s flab, which requires treatment for about 35 days, on his hand, the Defendant sustained the injury of the Victim’s 35 days of water supply.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Diagnosis certificates and photographs of violence;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the victim’s occupation engaged in the purpose and beauty art business of sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim seems to have suffered considerable damage due to his fingers, and the victim argued that he was assaulted by the defendant several times prior to the instant crime, and wanted to punish the defendant.

However, the defendant's mistake is recognized and reflected, and there is no particular criminal power except for the fine once in this previous department, and 2,000,000 won was deposited for the victim.

In addition, the sentencing conditions shown in the records and arguments of the instant case shall be determined in full view of various circumstances, as ordered in the Disposition.

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