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(영문) 춘천지방법원 2014.09.04 2014고단510 (2)

상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

At around 14:10 on February 28, 2014, at the house of the defendant located in Gangseo-gu, Yangwon-gun C, the defendant was able to get off the part of the defendant's chest on the ground that the victim D (the 44 years of age) went back once a week on the part of the defendant's chest, and when the part of the defendant's chests and the sons are tightly under the defendant's right eye, the defendant's shoulder part was cut down on one occasion on the part of the defendant's shoulder, and the defendant's shoulder part was cut down on one occasion on the part of the defendant's shoulder, which is an object that was dangerous to the surrounding area of the defendant's shoulder back to the floor, and continued to get off the part of the victim's shoulder on one occasion on the left side of the victim with the above part.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim, such as an open head, etc. requiring treatment for about 2 weeks, and the left-hand body body body pelke, etc. requiring treatment for about 5 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of types] for the sentence of punishment under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for the sentencing below]. Violence (decision of types]. Habitual injury, repeated injury, special injury [Special Contributor] - In a case where the victim is also liable for the occurrence of crime or the expansion of damage to the victim, [decision of the recommended area] mitigated area / [decision of the recommended area] one year and six months to two years [whether or not the suspended sentence is suspended] - When the victim is liable for the occurrence of crime or the expansion of damage, there is no criminal record if the victim is also liable for the occurrence of crime or the expansion of damage: The area of recommendation of suspended sentence [decision of sentence] is not agreed with victim D.