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(영문) 대전지방법원 공주지원 2017.01.20 2016고단273
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 8, 2016, the Defendant, at around 06:20 around 06:20, brought a dispute with the victim E (44 years) on the ground that he/she entered the hospital room and slicked in the new wall, and brought the victim into the corridor of the above hospital.

The Defendant: (a) sealed the victim into the elevator, and (b) caused the victim’s face once a week from the person who was suffering from food; (c) caused the victim’s face by drinking to the left hand, (d) fucks in a number of times; and (d) fuckbucks in a number of times; and (e) bucks in a hand-topbuck, and (e) caused the face of the victim on the hand floor twice, once by drinking, and once by drinking.

As a result, the defendant suffered injury to the victim, such as cutting off the upper-hand aggregate of the victim, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (the investigation of the on-site dispatch status, the analysis of CCTV at the site of the case, the investigation of witnesses F counterpart, the investigation of the complainant E, the counter investigation of witnesses G, the investigation of the nurse on duty, the counter investigation of the nurse on duty), a photograph description (D regular CCTV);

1. Application of Acts and subordinate statutes, such as three medical certificates of injury, and photographs of victims;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] general injury [the scope of recommended punishment] is considerably responsible for the occurrence of crime or the expansion of damage to the victim (person with special mitigation] in the mitigation area (two months to one year] [the victim] [the decision of sentence] Defendant has the same criminal record, and the victim's degree of injury is not less exceptionally, so the victim is selected to be sentenced to imprisonment.

However, it shall be taken into account that the defendant has been led, has been in depth and has been deposited in five million won.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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