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(영문) 대구지방법원 김천지원 2013.05.15 2013고단290

상해

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2012, the Defendant, at around 23:05, sought cash withdrawal from cash withdrawal machines installed within the convenience store in the Gu and Si, the Defendant: (a) stated that the victim D (the age of 51) first used cash withdrawal machines after pushing the Defendant’s side gate by hand; (b) however, the Defendant heard the victim’s desire to read “Ie, Ie, Ie, mee, mee, mee, and mee, Ie, mee, mee, mee, mee, mee, mee, mee, mee, mee,” and followed two or three times each by the victim’s back mee, three times, three times, one time, and three times, one time, and another by buckbucks.

As a result, the defendant added a variety of cages that require approximately seven weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : In the event that the general injury [Special Aggravation of Punishment] is considerably responsible for the occurrence of a crime or the expansion of damage even to the victims, the factors of aggravation of punishment: serious injury [the scope of decision and recommendation in the area of recommendation] mitigation area, 2-1 year [the suspension of execution] major illegal reasons: In the event that the result of serious injury occurs, the major reason for pride occurs: Where the victims are fully responsible for the occurrence of a crime or the expansion of damage: contingent crime (decision of sentence] 6 months, and the suspension of execution two years; and