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(영문) 대전지방법원 2017.03.31 2016고합495
중상해
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is an employee of the "C", who is a liquor company, and the victim D (the remaining and the age of 34) is the chief of the above company's workplace.

On August 1, 2016, the Defendant: (a) around 00:01, around 100, around the Seo-gu, Daejeon; (b) around 108 Dong-dong, Daejeon; (c) together, the Defendant 3 times her inside of the Defendant by drinking alcohol with the Defendant’s hand without any justifiable reason under the influence of alcohol; (d) even though the Defendant had fleded, the Defendant was able to have the Defendant her inside and outside of the house with the driver’s and the driver’s hand; and (d) her was fluened one time by taking the victim’s inside of the house on the floor.

As above, Defendant 1 abused the victim and suffered from an injury of an injury to the blood transfusion from an external wound with no one in the open space, thereby causing the victim to suffer from an injury to his life by causing the victim to be in an anti-competuous state.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F, G, H, and I;

1. Investigation report (Attachment of CCTV photographs of alone and elevators), each investigation report (Submission of DNA evidential data), and investigation results (verification of the current status of a victim);

1. On-site photographs, a statement of the processing of the reported case in 112, a written opinion, each diagnosis letter, a first-aid service activity log, reply to a request for cooperation in an investigation (related to the victim's injury, etc.), reply to inquiries, and the application of CCTV video CD-related Acts and subordinate statutes;

1. Grounds for sentencing under Articles 262, 260 (1) and 258 (1) of the Criminal Act concerning the facts constituting an offense;

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

2. Application of the sentencing criteria [the types of punishment] (the scope of recommendation according to the sentencing criteria is four months to two years from imprisonment, and the lower limit of the applicable sentencing standards is applied by law because the lower limit of the applicable sentencing standards is less than one year, and thus the lower limit of the applicable sentencing standards shall apply by law) in the basic field of assault crimes of Category 2 (the victim of a special sentencing) (the victim of a special sentencing) where the victim is also responsible for the occurrence of a crime or the expansion of damage and injury (the mitigated elements).

3. Sentence;

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