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(영문) 수원지방법원 안양지원 2013.12.17 2013고단1082

상해

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant: (a) around 21:50, the Defendant was under the influence of alcohol to the victim D(the age of 54) who passed the Dong at the time of Ansan-si, and (b) laid the victim’s face in drinking by drinking the house without any reason; (c) went beyond the floor to the victim’s face; (d) the head was faced with the boundary of the head while going beyond the floor; (e) the victim was frighted on the part of the victim; (e) the victim was her eyed from the eye and head; and (e) the victim’s face was frighted from the eye and head; and (e) the victim was frighting against what he was wrong, thereby causing the victim’s face to be 57 days of treatment; (e) the mouth of the inner wall, which requires treatment; and (e) the degree of pulmoniness, acute shocking of pulmonary dys, and the danger of ney and the real name of the face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E and F;

1. Diagnosis certificates, injury diagnosis certificates, injury diagnosis certificates, and certificates of medical records, and the application of each statute of a photograph;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing) is to the extent that the suffering of the victim and his/her surrounding people can not be expressed verbally.

Considering this point, it is inevitable to severely punish the defendant.

However, it is decided as per Disposition in consideration of all factors of sentencing, such as the circumstance of this case, degree of damage and circumstances after the time, etc., such as the fact that the defendant reflects the depth, the fact that there is no previous conviction considering the sentencing, and the fact that 70 million won has been deposited for the victim.