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(영문) 수원지방법원 2018.09.14 2018고단3623
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on April 21, 2018, the Defendant: (a) talked with the victim D(S) and singing with singing and playing in the singing 5 room located in Ssing Co., Ltd. B, and (b) did not play well with the victim; (c) and (d) took part in drinking with the victim’s face, the Defendant inflicted an injury upon the victim requiring treatment for about 28 days, including the victim’s mouth and face sing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographic materials and written diagnosis of injury;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under the Criminal Act [the crime of bodily injury] is that the mitigated area (two months -1 years, agreement) of the mitigated area (the degree of bodily injury of the victim) is heavy, and that the same criminal records are twice more favorable to the defendant.

However, the sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the payment of agreed money after the prosecution, the fact that there is no record of punishment exceeding the fine, the age of the accused, the motive, means and consequence of the crime, and the circumstances after the crime.

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