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(영문) 의정부지방법원 2013.11.28 2013고단2639
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment due to fraud, etc. at the District Court of Jung-gu, which became final and conclusive on October 3, 2013.

On July 4, 2013, at around 23:20, the Defendant: (a) went to the victim C (year 57) who was making an alcoholic beverage to the next table 787-21 at the main point of the "Yanyang-si, Jinyang-si, Jinyang-si, on the ground that he/she went to the next table to the victim C (year 57) who was making an alcoholic beverage to the next table; (b) he/she gets to the left shoulder and head part of the victim C while disputing the victim C; and (c) he/she sawd the head of the victim D (age 52) who was an employee of the foregoing drinking house at the end of this year with the head of the victim D (age 52).

As above, the Defendant assaulted the victims, and inflicted injury on the victims C, such as brain salute, in detail as to which treatment is required for about two weeks, and injury to the victims D, such as salute and salute, which require treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement of C or D;

1. Each injury diagnosis letter;

1. Criminal records, investigation reports (written judgments and reports on confirmation during the appellate trial proceedings), and application of statutes (Korean District Court Decision 2013No644);

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (a crime of fraud, etc., for which the judgment of first head at the time of the sale has become final,

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the reflection of the defendant, the degree of injury suffered by the victim, the circumstances leading to the instant crime, etc.);

1. The defendant and his/her defense counsel's assertion and judgment thereon under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The main point of the argument is that the victim D suffers an injury, such as spawn-freciling, etc., is irrelevant to the Defendant’s assault.

2. Prior to the judgment.

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