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(영문) 서울중앙지방법원 2013.11.29 2013고단5874
상해
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

The defendant operates a packing vehicle and is a relationship between the victim E (37 years of age) who works as an employee at the D convenience store in Jongno-gu Seoul Metropolitan Government as an employee and a plane.

At around 01:40 on April 29, 2013, the Defendant, at the above convenience store, changed the plastic bags to the victim, but, on the ground that the victim said that the victim said that he was not dead, the victim was entering the warehouse inside the convenience store, “to throw away the victim’s neck,” and the victim was injured by the victim’s stroke and the tension at the bottom of the bones for about two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Investigation report (packer telephone statement);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor at the option of the punishment [the degree of harm minor, but the method of the crime of this case and the fact that it is not good to commit the crime in light of the part of the injury (the act of putting a person's timber may cause harm to the life of the victim), the fact that it is not agreed with the victim, and that there is no serious reflective behavior];

1. The defendant's reasons for the suspension of execution under Article 62 (1) of the Criminal Act include the following circumstances that are favorable to the defendant: (i) the degree of injury is minor; (ii) the defendant's detention is contingent crimes; (iii) the defendant's dependent (the wife and his/her child) is likely to involve excessive difficulty in implementing the suspension of execution for one year in two months of imprisonment sentenced to imprisonment for a term of imprisonment for a term of one year (the period of a term of a term of a term of a term of a imprisonment and its territory: general injury Type 1):

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