beta
(영문) 수원지방법원 안양지원 2013.04.26 2013고합64

중상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 3, 2012, around 23:45, the Defendant: (a) faced with the victim F(37 years of age) and shoulder, and (b) caused the victim, who was wearing a drinking boom on the part of the Defendant by his arms, on the ground that he was pushed with the victim F(37 years of age) who was in front of the toilets located in Ansan-gu E club in Ansan-si; and (c) on the ground that the victim was pushed with the Defendant’s boom by his arms, the Defendant was able to have the victim’s left-hand eye by causing injury, such as the mouth of the left-hand body, the mouth of the victim, the

Accordingly, the defendant injured the victim and caused the victim to be imprisoned.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement prepared by H;

1. Each investigation report (general, the counter-investigation of a doctor, the H counterpart investigation), each investigation report (the call with a doctor, the hearing of a victimF statement, and the confirmation of the state of the victim F inside);

1. A copy of medical records, each certificate of injury diagnosis;

1. Application of each statute on photographs;

1. Grounds for sentencing under Article 258 (2) and (1) of the Criminal Act concerning the relevant criminal facts;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. Application of the sentencing criteria (determination of types), violence crimes, general bodily injury, and mitigation factors of Type 2 (Special Aggravation): No aggravated factors: None of the relevant factors (Scope of recommending punishment): Basic area (one year to two years of imprisonment).

3. Determination of sentence: Imprisonment with prison labor for a two-year defendant brought about a significant result that the defendant was a real name when the victim was physically and mentally damaged, which led to a life-long death of the victim.

Nevertheless, the defendant still has not taken any measures for the recovery of damage, and the victim's punishment heavier than the defendant is desired, so it is inevitable to punish the defendant.

However, it is true that the defendant led to the crime of this case in a contingent manner, when the defendant was assaulted by the victim.