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(영문) 대전지방법원 서산지원 2013.07.04 2013고단135
상해등
Text

A defendant shall be punished by imprisonment for six 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 December 26, 2012, at around 13:20, the injured Defendant: (a) moved in “D cafeteria” operated by the Victim C (V, 55 years of age) located in Chungcheongnam-si, Chungcheongnam-si; and (b) moved in the victim’s bath on the ground that the Defendant was the victim; (c) laid down the small-beer’s disease in the table table on the ground that he was the victim.

In addition, the defendant had the victim go beyond the floor where he was a shouldered ward by pushing the victim's shoulder part with a room and a hand room in order to care for the disease that the victim was broken on the floor.

As a result, the Defendant inflicted an injury on the victim, such as an open wound of fingers without damage, which requires approximately two weeks of medical treatment.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.) laid the kitchen knicker in the kitchen room at the same time and place as the above paragraph (1) and expressed the victim’s desire to “I will throw away this spawn and die.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written diagnosis of injury;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution shall be decided as above on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., the agreement with the victim and the recognition of and reflect on the crime);

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