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(영문) 수원지방법원 성남지원 2017.04.19 2016고단1012
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 19, 2016, the Defendant: (a) took a dispute with the victim D (45 tax) who is an employee of the said hospital at the “C Jong-gu Seoul Metropolitan City A” parking lot in Seongbuk-gu, Sungnam-si, about 12:20 on February 19, 2016; (b) spiting the victim’s face; and (c) spiting it into the victim’s face; and (d) spiting the victim’s face on one occasion; and (e) spiting the victim’s face on one occasion by drinking.

계속하여 피고인은 주먹으로 넘어진 피해자의 얼굴 부분을 수회 때리고, 발로 피해자의 얼굴 부분을 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as inside and outside the left-hand side in need of approximately eight weeks of medical treatment, and the structural frame of the lower walls.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on medical certificates and medical records;

1. The grounds for sentencing [the scope of recommending punishment] of Article 257(1) of the Criminal Code applicable to the relevant criminal facts and Article 257(1) of the selected criminal punishment [the scope of recommending punishment] No person who does not exist [the person subject to special sentencing] [the decision of sentencing] [the defendant's age, sexual conduct, environment, motive for the crime of this case, etc.] comprehensively takes into account the sentencing conditions stated in the arguments and records of this case, such as the defendant's age, sexual behavior, motive for the crime of this case, etc. In particular, the victim's bodily injury is highly injured, the degree of damage is high, the victim did not receive a written application from the injured person, the escape of punishment, and the escape from punishment are disadvantageously considered, and the victim's error is divided, and the victim deposited KRW 8 million in favor of the injured person shall be determined like each order.

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