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(영문) 서울중앙지방법원 2013.09.12 2013고단4149

상해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 June 1, 2013, the Defendant: (a) around 11:38, at the right side of the D Hospital meal counter in Seongbuk-gu Seoul Metropolitan Government, caused the victim E (n, 66 years of age) to have out the front of the meal service counter, leaving the front of the meal service counter; (b) caused the victim's face at one time by leaving the front of the meal service counter; and (c) caused the victim to fall from the front wheelchairs, thereby cutting off the face of the victim into the front wheelchairs; and (d) caused the victim to be sprinked for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] A general injury [Special Contributor] mitigated element: A minor injury (the scope of recommendations) / 2 months / 1 year / 1 year / 1 year / a minor injury (the sentence of punishment / 200): A person with a disability who has no resistance ability due to the minor reason that he was unable to deliver it, and assaults the victim who is the aged, thereby leaving the scene of the crime without any resistance, resulting in bad quality of the crime, poor damage, and favorable circumstances that are favorable to the failure to recover damage: The injury itself is relatively minor; the defendant has no history of punishment exceeding a fine for the same kind of crime; the defendant's age, occupation, environment, character and behavior, the circumstances of the crime of this case, the details of the crime of this case, and all circumstances after the crime of this case, etc. shall be determined and sentenced as ordered by the sentence of this case.