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(영문) 수원지방법원 성남지원 2018.11.08 2018고단1327
상해등
Text

A defendant shall be punished by imprisonment for nine 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

1. In around 23:50 on March 7, 2018, the injured Defendant: (a) at the main point of “D” located in Gyeonggi-si, Gwangju-si; (b) at the victim E (54 years old), who performed drinking together, listened to finum on the ground that the victim’s ability is insufficient; (c) led the victim’s face outside the main point; (d) led the victim’s face one time; and (e) led the victim’s fating and resisting drinking; and (e) caused the victim’s body fighting, the victim’s body fighting was fating the victim’s body by pushing the victim over the front line of the said main point, and fating the victim over approximately 14 weeks to the right side for treatment.

2. A special assault Defendant, at around 23:55 on the same day, suffered the above injury and took advantage of the victim’s head, which is a dangerous article for the victim to the head of a steel-resistant signboard expected to sit in. However, the victim was bleeped, and the above glass cup was broken off due to the victim’s blick and flicked.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A written diagnosis of injury;

1. Application of field photographs, video CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) shall be applied to concurrent crimes;

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment for bodily injury] general injury [the scope of punishment for special assault], the basic area ( April to one year and six months] (the scope of punishment recommended for special assault], and the mitigation area (two months to one year and two months) of mitigation area (the scope of punishment recommended for repeated assault).

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