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(영문) 수원지방법원 안산지원 2016.07.15 2016고합135

중상해

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant stated in the instant indictment on May 2, 2016, “5.5.” However, it is clear that it is a clerical error (see Articles 20, 45, 47, and 71 of the investigation record), and without any amendment to the indictment, correction is made as above.

19:00 At the same time, the victim D ( South, 29 years of age) who was aware of the usual in Mansan-si, Mansan-si, Mansan-si, which was located in Mansan-si, and was living together with the victim and the above restaurant, while the victim and the victim talked about the above restaurant and the above restaurant, she is boomed.

The phrase “Arh (the flusor’s sexual organ, and the desire for male)” refers to “Arh (the flusor’s sexual organ as a man and descendant, and the fluor’s sexual organ to male)”, and the Defendant’s drinking and blusium caused injury to the victim under his/her real name by placing inside the victim’s eye, fluor, sor, and sort (the inside wall, the inside wall, and the inside wall) from the victim’s drinking and blus;

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (No. 4, 11 No. 50);

1. Each investigation report (No. 13, 18 No. 13 of the evidence list);

1. A copy of a medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Grounds for sentencing under Articles 258 (2) and 258 (1) of the Criminal Act with respect to the crime;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The basic area, one year to two years, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, general injury to violence. < Amended by Presidential Decree No. 2348, Feb. 2 (the scope of the recommended punishment].

3. The circumstances favorable to the defendant include the fact that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case and reflects his mistake, and that there was no record of criminal punishment after entering the Republic of Korea around May 21, 2006.

However, even if considering the cultural differences, it cannot be justified for the victim to commit the crime committed by drinking and elbowing the victim's face solely on the ground that the victim simply saw the victim's bath, and caused serious damage to the victim's right eye due to the crime.