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(영문) 의정부지방법원 2014.04.29 2013고단3493

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 15:00 on September 15, 2013, the Defendant, while engaging in disputes with the victim C (the age of 81) and the minor days, she laid down the breath with the victim's candle and breath, she laid down the victim's breath to the upper floor, and she laid down the victim's breath with approximately 12 weeks of treatment.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Each statement of E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to an investigation report (as to a statement of a shot person);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Determination of the defendant and his/her defense counsel's assertion under Articles 25 and 31 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation

1. According to the evidence duly admitted and investigated by this court, the defendant's judgment on criminal facts is denied that the victim himself/herself goes beyond the victim and that there was no injury to the victim. Thus, according to the evidence duly admitted and investigated by this court, the victim consistently divided his/her talks with the same kind of money at the time and place of the instant crime. However, the defendant, other than the defendant, argued to the effect that "the aging and age of the defendant exceeded the victim's right to go beyond the victim's right to go through the victim's fear and the second hand, with the victim's second hand, without any reason," and that he/she made a statement consistent with the victim's argument. In full view of these circumstances, the defendant's statement was made to the victim that he/she committed an assault.