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(영문) 수원지방법원 2018.11.28 2018고단5871
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2018, the Defendant: (a) 18:50 on 18:50, and around 2018, the Defendant: (b) expressed the victim D (the 68-year-old-old-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-oriented-age-based-age-oriented-child-based-child-based-based-based-based-child-based-based-based-

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the injury diagnosis report, investigation report (CCTV video recording data);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Application of the sentencing criteria [the types of decisions] violent crimes, general bodily injury, and type 1 (general injury) [the person subject to special sentencing] mitigation elements: Non-won of punishment (the area of recommendation and the sentence of recommendation] mitigated area, February to October;

2. The fact that there was a history of punishment for the same criminal records and several times, including the previous criminal records before the decision of suspension of execution of sentence, the fact that the defendant led to the confession of the crime in this case, the fact that the defendant agreed with the victim, etc.

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