(영문) 서울동부지방법원 2012.12.28 2012고단2973

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(영문) 서울동부지방법원 2012.12.28 2012고단2973

상해

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 17:00 on August 28, 2012, the Defendant, at the office of the 5th floor of the Gangdong-gu Seoul Metropolitan Government B building “C”, assaulted the victim D(n, 46 years of age) and the company operation problems, was shaking the victim's bridge, her head and head head, her body was cut off with the victim's arms, the victim's arms was cut off on the part of the victim's bridge, and the victim's bridge part was faced with his/her bridge bridge. On the other hand, the Defendant continued to break the victim's arms in the above office corridor, and her boomed the victim with the victim's her two weeks, and her vegetable pressure, etc. requiring 12 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to medical certificates, medical expenses calculation statements, and written confirmation of hospitalization;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of a sentence according to the sentencing guidelines for probation and community service order pursuant to Article 62-2(1) of the Criminal Act [determination of a sentence] to be imposed on general injury [special person] to be mitigated - In cases of recovery of considerable damage: serious injury [decision of the recommended area and recommendation] to be aggravated, April to 16 [whether suspended sentence is suspended] - In cases where the result of death or serious injury is not attributable to the defendant's direct act: The reason for general pride: Social bond relationship clearly; money deposit (decision of a sentence] to be deposited 4 months; 2 years of suspended sentence [determination of a sentence] to be sentenced to imprisonment with prison labor for a period of suspension of execution; serious injury to the victim, such as the victim's bones; and the victim's punishment is desired.

On the other hand, the defendant recognized the contents of the crime, and deposit the amount exceeding the amount of treatment until now.

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제257조 제1항

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