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(영문) 수원지방법원 성남지원 2016.11.11 2016고단2544
상해
Text

A defendant shall be punished by imprisonment for one year.

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

On August 6, 2016, around 05:30 on August 6, 2016, at the residence of the defendant's former female-friendly offer C, located in Seongbuk-gu, Seongbuk-do, Sungnam-do, the defendant reported that the victim D (the victim D 34 years of age) was locked with C, and suffered injury to the victim, such as an internal and external secte for about 43 days, when the victim's face and head were taken into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] general injury (the range of recommending punishment] is to be determined as ordered by taking account of the following circumstances, such as the age, character and conduct, environment, family relationship of the defendant, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the records, such as the following circumstances and the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime.

The degree of injury suffered by the victim is relatively important, but the circumstances favorable to the fact that it is not agreed with the victim: The confession and reflect of the defendant, the fact that the defendant seems to have committed the crime of this case by contingent, the fact that 5 million won was deposited for the recovery of damage suffered by the victim, and the fact that it is a first offender who has no criminal power.

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