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(영문) 의정부지방법원 2015.10.08 2015고합217
중상해
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is between the victim C (year of age 37) and the past work in the same workplace.

On July 11, 2015, the Defendant: (a) around 05:00 on July 12, 2015, when drinking alcohol together with the victim, and (b) around July 05:0 on July 12, 2015, at the front of a pharmacy located in D in Namyang-si, Namyang-si; (c) when taking the body of the victim several times due to drinking and growth of the victim’s bath, the Defendant sent the victim with an influence that requires at least 12 weeks of treatment to the victim, resulting in an unknown state of the victim’s consciousness; and (d) thereafter, after the elimination of waste, etc., caused danger to his/her life by frequent outbreak.

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Investigation report (CCTV review report);

1. A written appraisal;

1. A medical certificate;

1. On-site photographs, on-site photographs, and photographs of the suspect;

1. Application of video CD 1, CD-related Acts and subordinate statutes

1. Grounds for sentencing under Article 258 (1) of the Criminal Act with respect to the relevant criminal facts;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. There is no basic area (one year to two years) (special person) in the basic area (one year to two years) of violence in general.

3. Determination of sentence: The fact that the defendant for three years, who has been sentenced to imprisonment, confessions the crime of this case, the defendant appears to have caused any contingent crime of this case while under the influence of alcohol, and the fact that the defendant has no record of imprisonment with prison labor or heavier punishment than the same crime of this case is favorable to the defendant.

However, the crime of this case was committed when the defendant's body was in a discriminatory manner against the victim's life, resulting in the victim's injury requiring at least 12 weeks of medical treatment, resulting in the victim's unknown condition, and thus, the crime is not less complicated. The victim is not only able to recover his consciousness up to now, but also is in a critical condition of life, and even if she is recovered, it is normal.

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