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(영문) 의정부지방법원 2013.05.14 2013고단391

상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant, upon introduction of friendship, has known and known the victim C (n, 17 years of age) and the victim D (n, 18 years of age) to the extent that he knows;

1. An injury to the victim C on December 17, 2012 to the victim C: (a) on December 17, 2012, 203:00, the victim C was able to find the victim C by Esing the victim C in his/her hands; (b) the victim’s left chests of the victim C were cut back to the victim C’s bridge; (c) the Defendant’s tobacco was put to the victim C’s bridge for about 35 days; and (d) the victim’s tobacco was put to the victim C, 7, 8, and 9 on the left-hand side of the victim C’s bridge for about 35 days;

2. The victim D, who is the branch of the above C's injury to the victim D, resisted the Defendant at the time of telephone, and the victim D was exposed to the Defendant at around 04:50 on the same day, and the victim D was exposed to the F's face before the Council of the Republic of Korea at around 04:50 on the same day, and had the victim D undergo approximately 4 weeks of treatment, such as an alley dub, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on report of occurrence;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes of Bodily Injury to Victims C)

1. Article 62 (1) of the Criminal Act (Special Considerations, etc. favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. The scope of sentencing sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The final scope of sentencing recommended by sentencing guidelines from January to June: Imprisonment with prison labor for a period from April to March: From April to March;

1. The point of each injury [the types of crimes] the general injury criteria among the violent crime groups (special persons] increased and mitigated factors: No basic area (the scope of recommending punishment) (the period of imprisonment from April to June);

2.Pursuant to the criteria for determining multiple offenses for which final recommendations are made;