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(영문) 서울중앙지방법원 2012.08.28 2011고합1489
중상해
Text

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

Reasons

Punishment of the crime

On September 27, 2011, at around 00:25, the Defendant boarded a F taxi operated by the victim E (the 65 years of age, south) in front of the Gangnam-gu Seoul Station, Gangnam-gu, Seoul. Around September 27, 201, the Defendant continued to see the victim’s right face face by drinking the victim’s talking that the victim would get off from the taxi because he did not properly talk about the destination of alcohol, and the Defendant was faced with the victim who was trying to have knife his hand while getting off from the taxi.

As a result, the Defendant inflicted an injury on the victim's blood transfusion by provokings, pelkes, pelkes, pelkes, and so on, which could not be known of the number of days of treatment, and caused the risk of life by causing an unknown state of consciousness.

Summary of Evidence

1. Each legal statement of witness G, H, I, J, and K;

1. 119 emergency medical services, certificates of medical records of victims E, and the application of Acts and subordinate statutes;

1. Article 258 of the Criminal Act applicable to the crimes;

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing)

1. Summary of the assertion

A. The Defendant did not assault the victim after getting off or getting off a taxi, and did not have any intentional assault as well as injury. The serious injury of the victim was caused by urology, high bloodsis, inter-liver diseases, and BPV (balmopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability or mental disability.

2. Determination of injury

A. The Defendant and the victim are located in the taxi, i.e., a witness G (a) of the witness’s respective legal statements (a).

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