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(영문) 의정부지방법원 2012.12.14 2012고단2735

상해

Text

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

Reasons

Punishment of the crime

On September 4, 2012, at around 18:40, the Defendant, following the Mancheon City C cafeteria, walked with the victim D (at 55 years of age), without any reason, on the face of the victim and the side fry, and followed up to about 12 weeks of treatment to the victim, the Defendant, without any reason, carried out a stay at the right-hand side and the right-free knee of the victim, where approximately 12 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs taken for damage;

1. The Defendant’s defense counsel’s assertion of the right to choose a prison term, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act regarding criminal facts, the Defendant’s defense counsel at the time of the instant case asserted that the Defendant was in a state of mental disability by forceing the Defendant at the time of the instant crime. Thus, according to the aforementioned evidence, it is found that the Defendant was under the influence of alcohol at the time of the instant crime, but does not seem to have reached a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of the instant

Therefore, the above argument is not accepted.

Sentencing - The reasons for sentencing - The fact that it is a unilateral and secret assault against a victim who has no difficulty in setting up against such victim, the fact that the victim's injury was serious, the agreement or the damage was not recovered.

(k) Neither violent crime nor multiple favorable circumstances: The confession and reflect of a crime, and there has been no serious criminal records exceeding fines since 2003;

It is so decided as per Disposition by reason above.