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(영문) 청주지방법원 2014.01.28 2013고단1220

존속상해등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. On April 8, 2013, at around 05:00, the Defendant sustained injury in existence: (a) at the residence of the Avoidance C (Inn, the age of 43) located separately for a year, approximately one year, approximately 204 dong B apartment 901, Jung-gu, Chungcheongnam-gu, Cheongju-si; (b) in order to clarify the Defendant’s assault against C, the Victim D got the victim D above the floor by means of spreading the part of the Defendant’s arms, thereby having the victim D over the floor; and (c) caused injury, such as nearby land tension, which requires approximately two weeks of treatment.

2. Around 04:30 on May 29, 2013, the injured Defendant: (a) under the influence of alcohol at a place specified in paragraph (1) and inflicted bodily injury on the victim C, such as the victim’s breath, “whether another male has occurred; (b) flothing the breath; and (c) walking on the part of the Defendant’s breath, and then cutting off the breath part of the left part of the drinking road for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes, such as a photograph of damage, diagnosis, written entrustment and reply, investigation report (Hearing statements by victims), and family relation certificate;

1. Relevant Articles 257(2) and (1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment with labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the favorable circumstances such as the confession of the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act, the fact that the defendant has been punished for the same kind of crime, and other unfavorable factors such as the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is that the Defendant, around 05:00 on April 8, 2013, at the residence of the denied victim C (Inn, 43 years of age) who was living separately for about one year, approximately 204 dong-gu Heung-gu B apartment 204 dong-dong 901, and that the Defendant, under the influence of alcohol, had a conflict with D (inn, 69 years of age) whose mother is the Defendant’s mother, and C, who said victim is arbitd.