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(영문) 수원지방법원 2013.11.20 2013고단2850
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant and the victim C(52 years of age) are disabled persons (class 1 of physical disability) who embark on electric wheel chairs, and they did not have good reputation.

Around 15:00 on October 4, 2012, the Defendant was able to take part in a park located in Suwon-si, Sucheon-dong, 945, about 15:00, and the Defendant was able to take part in a dispute with the Defendant, and was able to take part in the victim’s face with his hand, and was able to take three parts of the victim’s face with his hand. The Defendant was able to take part in the wheel of the electric wheelchairs on which the Defendant was aboard, with the protective wheel part, and was able to take part in the front wheel.

As a result, the defendant suffered from approximately 10 weeks of medical treatment to the victim, such as light and non-competence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes concerning photographs, diagnostic records, and medical records of damage;

1. Although the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding criminal facts, and Article 257(1) of the Criminal Act regarding the option of sentencing, the Defendant did not make efforts to recover from damage or have committed a serious fault against the victim.

Considering these circumstances, the sentence shall be imposed on the defendant in consideration of the fact that the defendant is a first offender, is a first offender with mental retardation, and the victim's strerasty appears to have contributed to the occurrence of the injury in this case, the sentence shall be determined as per the order.

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