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(영문) 춘천지방법원 원주지원 2013.04.09 2012고단976

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

At around 23:30 on October 26, 2012, the Defendant got off the face of the Victim C (the age of 66) while drinking alcoholic beverages at the main point of the Won-si Dp on October 26, 2012.

As a result, the Defendant inflicted injury on the victim, such as the cutting of inner and inner walls that require treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant and his defense counsel asserted that the defendant committed the crime of this case in a state of mental disorder caused by drinking, etc., but in light of the circumstances and contents of the crime, it cannot be viewed that the defendant was in a state of mental disorder at the time of the above crime. Thus, the above assertion is rejected.

Reasons for sentencing

1. Criteria for types of punishment and sentences [Determination of types of punishment] ] General injury Type 1 (Special Bodily Inflicting) among violent crime group: No aggravated factor: serious injury (Extent of recommending punishment]: Six months to two years; and

2. Criteria for the suspension of execution [main reasons for the suspension of execution] No negative: No positive reason for the suspension of execution (general reason for the suspension of execution): There is no negative reason for the suspension of execution or for the suspension of execution of execution.

3. Determination of sentence: Imprisonment with prison labor for six months, two years of stay of execution, and community service work for 120 hours; and