(영문) 의정부지방법원 2013.05.07 2012고단2331

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(영문) 의정부지방법원 2013.05.07 2012고단2331

상해

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 15, 2012, from around 17:20 to 17:25 of the same day, the Defendant: (a) at the entrance of the “D” parking lot located in Namyang-si, Namyang-si; (b) as E accompanied with the victim F (the age of 69) where it is not good for the peace, and (c) as E accompanied with E would be friendly, the Defendant would be able to talk with the two preceding parties, and (d) caused the injury to the victim, such as serious brain thale, requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. A statement made by the defendant to the effect that the defendant inflicts an injury on the victim by drinking the victim at the time, place, and walking the victim, at the time and place set forth in this Act (as of the seventh trial date);

1. Each legal statement of witness F, G, and E;

1. A medical certificate of injury and inquiry (F) reply;

1. Application of the Acts and subordinate statutes toCC-TV, and CD (CC-TV video recording files) in which on-site photographs, photographs photographing the top parts of the victim, and the screen pictures with which the suspect assaultss the victim; and

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel's assertion regarding Article 62-2 (1) of the Social Service Order Criminal Act, Article 59 of the Probation Act, and Article 62-2 (1) of the Act on the Probation, etc. are deemed to have partly distorted about the victim's injury or to have been affected by king. Thus, the defendant and his defense counsel's assertion that the whole injury cannot be deemed to be caused by the defendant's act of the defendant. However, the following facts acknowledged by the evidence duly adopted and duly examined by this court or the circumstances leading up to the defendant's injury, i.e., to the extent that the defendant's face was damaged by drinking, i.e., the defendant's price of the victim's face, and the defendant's consent to walk

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