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(영문) 서울남부지방법원 2013.12.10 2013고정2600
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, around 19:03 on October 19, 2009, in front of Yeongdeungpo-gu Seoul Metropolitan Government, "D" written indictment for a drunk victim C (ma, 59 years of age) is a clerical error.

Although the victim tried to discover Eul and unsatisfies the defendant, the victim's misunderstanding the defendant as a dynasium was satisfying the head of the victim's dynasium, and the victim's dynasium was faced with the head of the victim's dynasium one time by walking the head of the victim's dynasium on the floor so that the victim's dynasium could not know the number of days

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Part of the prosecutor's statement concerning C;

1. Statement to E by the police;

1. Investigation reports (pacters F, counter-investigations) and investigation reports (record phone statements from persons for reference);

1. Application of Acts and subordinate statutes to a criminal investigation report (the investigation, etc. of H hospitals and I doctor), investigation report (a statement of damage to a victim) (Attachment to the details of damage);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

2. Penalty surcharge of 1,000,000 won to be suspended; and

3. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse.

4. Article 59(1) of the Criminal Act of the Suspension of Sentence (the first offender is the victim, the compensation of 1.2 million won is paid to the victim, and the case was reported to the police according to the defendant's will. Nevertheless, the defendant was detained under the charge of injury by robbery, and was released upon the summary indictment due to injury. The important part in the investigation process was the theft or robbery of the defendant, and the main part of the defendant was concentrated on the above part. Meanwhile, the victim C was in fact impossible to make a legal statement due to the relation located in China)

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