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(영문) 대전지방법원 2013.09.13 2012고단4493

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 02:30 on July 17, 2012, the Defendant reported that the victim C (the 46-year-old age) is disputing another person in front of the convenience store in Seo-gu, Seo-gu, Daejeon, and received the victim’s speech that she would not see, and that she was assaulted by the victim, and that she was the victim’s her flab with the victim’s flab, thereby causing injury to the victim, such as the flabization and fladation of the flab, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written investigation report prepared by the prosecutor's office with respect to C (the details attached to the 112 reported data);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Although the defendant's liability for the crime of this case was not minor due to the suspended sentence under Article 62 (1) of the Criminal Act, the punishment as ordered is determined by comprehensively taking into account the following factors: (a) the defendant's mistake and repents; (b) the defendant has yet to reach his age; (c) the defendant has no other criminal record other than one time prior to a fine; (d) the victim does not want to be punished any longer by agreement with the victim; and (e) the defendant's character and behavior, intelligence and environment; (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime.