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(영문) 대전지방법원 2015.08.12 2014고단4332
상해
Text

A defendant shall be punished by imprisonment for six 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

On August 24, 2014, at around 00:10 on August 24, 2014, the Defendant, at the pay parking lot located in Seo-gu Daejeon, brought about a dispute with the victim D (the age of 54) who was a custodian, but failed to calculate parking expenses despite the lapse of operating hours, and brought about the victim's body beyond the victim's hand by hand, and led the victim to a brush and a brush of the left-hand side in need of medical treatment for about 10 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. Protocol concerning the examination of partial police officers against the defendant and D;

1. Statement of the police statement of E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing - The range of recommended sentence: The fact that the degree of normal injury cannot be completely excluded from the occurrence of the injury in this case or the degree of serious injury in light of the past traffic accident and the medical treatment power, which seems to be significant, in favor of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act; the fact that there is no particular punishment force other than the previous minor fine; the fact that the occurrence of the injury in this case or the degree of serious injury cannot be completely excluded from the previous minor fine; the extent of recommended sentence - General person subject to special mitigation of injury: In a case where the victim has a considerable responsibility for the occurrence or expansion of damage: April - 1st of the serious injury in a case where the victim committed an intentional crime; the major reason for suspended sentence as of the basis of suspended sentence: In a case where the victim intentionally committed an intentional crime: the principal reason for the occurrence or expansion of damage in this case where the victim has no substantial responsibility: the victim shall be determined by comprehensively taking into account such circumstances as well as the age, character and behavior of the defendant and the records.

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