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(영문) 수원지방법원 평택지원 2013.03.22 2012고단1443
상해
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2012, Defendant A around 15:30 on August 20, 2012, the Defendant inflicted an injury on the victim B (the age of 56) who works to transport goods to a stacked vehicle prior to the entrance of (ju) Dok-si at his own place of work, and the victim B (the age of 56) who is taking a bath to one another due to the problem of one hand, and on three occasions of dispute, the Defendant inflicted an injury on the victim, i.e., the right lower part of the wall and the interior wall, which require approximately eight weeks of treatment on the right side of the victim.

2. Defendant B, on the same date and at the same place as above, was carried out in a trial for the same reason, and the victim’s right bucks (the age of 35) were bucks one time, and the victim’s bucks bucks were spucks, etc., which require approximately two weeks of treatment to the victim by spucking the victim’s bucks.

Summary of Evidence

1. The statements made by each of the Defendants in the first trial records;

1. Each police interrogation protocol against the Defendants

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. The choice of the criminal defendant A, who is sentenced to imprisonment with prison labor, and the fine for the defendant B

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order (defendant A);

1. In light of the fact that Defendant A’s victim could not exclude the possibility of remaining as a permanent disability in a state where the victim’s clothes remaining after immediately undergoing an operation after the instant case, and six months have passed since the instant accident, the degree of damage to the victim is more severe.

However, considering the motive, means and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, family environment, etc., such as the fact that the defendant fully recognized the crime, the defendant deposited 5,00,000 won for the victim, the defendant did not have the same criminal records and there is no criminal records after 2002.

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