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(영문) 춘천지방법원 원주지원 2014.09.24 2014고단670
상해
Text

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

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

Reasons

Punishment of the crime

On June 4, 2014, around 16:10, the Defendant took a bath to E, the husband of the victim C (the 73 years of age), in the front parking lot of the D apartment apartment center in the Seoul Special Self-Governing City, but caused assault from the victim, the Defendant was able to walk the victim’s bucks, the part of the buckbucks and the part of the ship, etc. four times due to the occurrence of the assault by the victim. As soon as possible, the Defendant inflicted an injury on the victim, such as a broad buck, which requires the victim’s treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32(1) and (2), and 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (inasmuch as the scope of liability for compensation is unclear, it is inappropriate to issue an order for compensation in the criminal procedure)

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, general injury, and type 1;

(b) Scope of recommendations: Basic area, April to June;

3. Determination of sentence: Five months of imprisonment, one year of suspended sentence, and twenty-four hours of taking the course of violence therapy [fluored] three million won in deposit, reflectivity, or suspended sentence of imprisonment or more [fluoring circumstances] not to reach an agreement, the degree of injury is not minor, eight times of the same kind of power;

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