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Reasons
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(영문) 춘천지방법원 속초지원 2013.10.02 2012고단375
상해등
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 4, 2012, the Defendant: (a) on September 4, 2012, 2012, the Defendant used assault against the victim C (nicker, 60 years of age) in front of the E in Yangyang-gun D, stating, “I will am her head??? I am her head?? I am her hand? I am the victim’s hand, her hand’s hand’s hand by her hand, and her arms were cut back to the victim’s arms.” (b) On September 4, 2012, the Defendant used assault against the victim by her hand.

2. On October 9, 2012, the Defendant, at around 13:25 on October 2012, 2012, obstructed the victim’s face with a knife knife that “pon is an bad year to knife” at the place indicated in the above paragraph (1) at the victim’s seat, and committed assault against the victim by sciffing the victim’s head knife with his hand.

Summary of Evidence

1. Each legal statement of witness C and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that the degree of violence cannot be deemed to be very serious, the fact that a trade dispute with the victim is recognized to inflict damage on the defendant to a certain extent, and the fact that the defendant has no criminal record of probation or heavier, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. The portion not guilty under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (where the scope of compensation is not clear)

1. The summary of the facts charged is that the Defendant, at around 13:25 on October 9, 2012, fixed the sorash at the place indicated in Paragraph (1) of the facts constituting the crime as indicated in the judgment of the court below, listened to the phrase “packer is bad” from the victim, and hacks the victim’s face with the hand hand hand hand, hacks the victim’s head cut by hand, and as soon as possible, hacks the victim’s left hand.

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