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(영문) 서울중앙지방법원 2013.08.30 2013고합171

중상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On October 25, 2012, around 14:30 on October 25, 2012, the Defendant met the victim C(68 years of age) in the subway shift station in Seocho-gu Seoul Seocho-gu, Seoul, on the ground that D, introduced from the victim, did not repay the money borrowed from the Defendant, and driven the part of the victim's left mouth with 2:3 p.m. on the part of the victim's left mouth. On one occasion, the Defendant inflicted an injury on the victim, such as snow, heat, etc. accompanied by the escape or loss of internal tissues, and caused the victim's real name on the left side.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Each investigation report (related to the statement via phone call of a complainant, submission of a written opinion on medical treatment of a complainant, and review and report on change of the name of the crime);

1. Application of Acts and subordinate statutes to medical treatment receipts and medical examinations;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

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 sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years;

2. Application of the sentencing criteria [decision of types] The group of violent crimes, general bodily injury, and type 2 (Special Mitigation) [Special Mitigation Elements] The scope of sentence for a person who is sentenced to imprisonment for a period of not less than six months but not more than one year and six months (major pride grounds], the absence of criminal punishment for a person who is not subject to suspended sentence (the grounds for suspended sentence of a person who is subject to general pride], and any contingent crime,

3. Determination of sentence: The crime of this case for 2 years of suspended sentence in October is committed by the defendant by assaulting the victim, resulting in the real name of the victim, and the victim seems to suffer difficulties in his daily life in the future, and thus, the result is significant. However, the defendant has no previous conviction and the prosecution has committed the crime.