중상해
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
On September 8, 2012, at around 23:40, the Defendant: (a) destroyed the Defendant’s vehicle that the victim E (the age of 37) parked in Pyeongtaek-si C by care at the victim’s face; (b) sent the victim’s face, taken the victim’s face on the floor, taken several times to give approximately six months of treatment, and caused serious injury to the victim, such as external blood transfusion, which requires treatment for about six months.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, G, and H (alias);
1. Each investigation report (for victim E, reporting related to victim E's injury, hearing of opinions on serious injury of E, and reporting on serious injury of E);
1. Application of the legislation in its opinion;
1. Grounds for sentencing under Article 258 (1) of the Criminal Act with respect to the relevant criminal facts;
1. The scope of applicable sentences: Imprisonment for one year to ten years;
2. Application of the sentencing criteria [Determination of types] violent crimes, general bodily injury, and type 2 (Special Aggravation) (Special Aggravation): Crut area of aggravation [Scope of Recommendation] of the Punishment of Crut Crimes Act (one year and six months to three years of imprisonment).
3. Determination of sentence: Imprisonment with prison labor for three years and three years, the defendant committed bodily or mental harm, such as booming the victim's head part which has already lost the ability to resist due to the death of the defendant, which requires treatment for six months, and thereby, the victim suffers from serious physical or mental pain, such as showing abnormal behavior due to the damage to the right side function of the brain, the victim complained of the punishment for the defendant, and the defendant assaulted the witness to prevent the shot of the crime; therefore, it is inevitable to punish the defendant.
However, it seems that the defendant made a confession of the crime of this case late and reflects the mistake, the victim was causing the crime of this case by contingency as he damaged the vehicle of the defendant, the defendant deposited 3 million won for the victim, and other age, character and conduct of the defendant.