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(영문) 춘천지방법원 속초지원 2013.06.26 2012고단270
상해
Text

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

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

Reasons

Punishment of the crime

피고인은 2012. 6. 7. 강원 양양군 C에 있는 ‘D식당’에서 유흥주점 도우미로 술을 마신 후 상례보다 많은 20만 원을 주고 함께 ‘2차’로 술을 마시던 피해자 E(여, 61세)에게 ‘3차’로 더 술을 마시러 가자고 하였으나 피해자가 거절하자 화가 나 발로 피해자의 얼굴을 1회 걷어찼다.

Then, the Defendant: (a) went out of the cab and her was killed by the victim; (b) the victim was able to take the body of the victim, such as the victim’s chests, by leading the victim who she gets out of the cab while getting out of the cab, and she got out of the bar, and she got out of the alley.

As a result, the Defendant suffered injuries, such as the diversification of cage cages, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. Reports on internal investigation (specifics of suspects and attachment of relevant photographs), investigation reports (Submission of photographs on the part of the victim);

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

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. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. Although the defendant's summary of the assertion is a citizen of the victim's face in a "D restaurant", the victim suffered injury, such as a cage cage cage cage, etc., by drinking in the same manner as drinking, and there is no fact that the defendant has taken part in his body, such as the victim's chest due to drinking and fry.

2. Comprehensively taking account of the evidence before the judgment and the following circumstances revealed by the evidence adopted and examined by the court, the defendant can sufficiently recognize that the defendant inflicted an injury upon the victim's chests, such as drinking and her chest, outside the restaurant, in addition to walking the victim's face once as stated in the facts charged in the instant case.

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