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(영문) 의정부지방법원 2013.04.02 2012고단3155

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

At around 22:00 on August 22, 2012, the Defendant told the victim C (the age of 48) to wrap another person in front of the Namyang-si, Namyang-si. Around 22:0, the Defendant committed an assault against the victim when the victim wraped his face one time to her face by hand. As a result, the victim got beyond 12 weeks of medical treatment and suffered injury, such as cerebrovascular, cerebrovascular, cerebralcular, and cerebral transfusion.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement to C by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a criminal investigation report (referring to a report on witness E phone statement hearing at the time);

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of the grounds for sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order: Where the scope of the final sentencing recommended by the sentencing guidelines from January to July: From February of imprisonment to January of the year: Where the result of negative causes for the occurrence of a crime occurs in the group of violent crimes [type] the types of assault and bodily harm [special multiple persons] increased factors: Where the victim is also responsible for the occurrence of a crime: In cases where the victim is also responsible for the occurrence of a crime, the amount of punishment not to be imposed [the scope of recommending punishment] mitigated area (from February to June of the year) (the amount of imprisonment with prison labor): Whether there is a general increased factor in the sentencing guidelines: Where there is a significant reason for the occurrence of a crime: Where the victim is also responsible for the occurrence of a crime; where the result of negative causes for the crime occurs; where the defendant has been sentenced to a relatively negative reason for the occurrence of a crime;