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(영문) 청주지방법원 제천지원 2013.11.28 2013고단746

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Majority Crime] On September 1, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and completed the execution of the sentence in a public prison on January 5, 2013.

【Criminal Facts】

1. On May 29, 2013, at around 01:20 on May 29, 2013, the Defendant, without any particular reason, intended the victim D (the age of 25) to take a bath before the management office of the Chungcheongbuk-si, the Defendant suffered bodily injury, such as cather salt, tensions, etc., for which approximately three weeks of treatment is required by the victim, by putting the victim’s cather to “whether he/she is so designated.”

2. The Defendant, at the time and place specified in paragraph 1, sustained injury by the victim E (the age of 41) who is the first-class of the said D, was frightened by the Defendant, with the Defendant’s horse, arms, and booming the victim over the bed, thereby causing approximately six weeks of medical treatment to the victim, resulting in an injury to the victim, such as an external bladrosis, which had no open room for treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A medical certificate of injury (D) and a medical certificate (E);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal and investigation record data inquiry and the current status of personal identification and confinement;

1. Article 247 (1) of the Criminal Act and Article 247 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the scope of sentence recommended on the sentencing guidelines for the reasons under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act: Imprisonment for two months to one year and six months (the second crime at the time of sale): Violence in general; injury in general; injury in mitigation area (special mitigation factors: nonwon of punishment; special aggravation factors: repeated crimes of the same kind); imprisonment for two months to one year (the first crime at the time of sale): general injury in general; injury in general; mitigation area (special mitigation factors: nonwon of punishment; special aggravation factors); imprisonment for two months to one year from one year from one year from two months to one year: Violence.