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(영문) 청주지방법원 2016.10.14 2016고합137
중상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality (unborn) who enters the Republic of Korea as a visa on November 10, 2015, entered the Republic of Korea as a visa on short-term visit (C-3-8) on November 10, 2015, and is currently illegally staying in the Republic of Korea on February 8, 2016.

On November 2015, the defendant met the victim C(n, 41 years of age) of Chinese nationality, but from that time, the defendant was living together with the victim at the third floor of "E located in D in the voice group of Chungcheongbuk-gun."

around 23:00 on November 18, 2015, the Defendant: (a) requested the victim to the effect that “the victim aided the issue of divorce, etc. of the victim while living together in the accommodation; (b) the victim paid the victim’s night duty to pay it; (c) but, on the ground that the victim’s refusal to do so, caused the victim to suffer injury to the victim’s 5-day credit cutting and flaging the upper left part of the victim, which requires approximately 6-day medical treatment on the left part of the victim.

Accordingly, the Defendant inflicted bodily injury on the victim as above, resulting in a imprudent or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of diagnosis notes and photographs cut off with fingers);

1. Grounds for sentencing under Article 258 (2) and (1) of the Criminal Act concerning the relevant criminal facts;

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

2. The scope of recommendations on the sentencing criteria [decision of types] to the extent of general injury to violence, and the absence of Type 2 (Special Aggravation) (Extent of recommendations] (Scope of recommendations] (Scope of recommendations), from one year to two years (basic area).

3. Determination of sentence: The crime of this case for one year by imprisonment is to be cut by asking the hands of a victim during a dispute with the victim, and the nature of the crime is serious in light of the circumstances of the crime and the degree of damage;

Nevertheless, the defendant did not reach an agreement with the victim.

However, there is no record that the defendant led to the crime of this case, and there is no record that the defendant had committed the crime in Korea.

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