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(영문) 대구고등법원 2013.04.11 2012노568
중상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Progress of the trial;

A. Around August 22, 2009, the Defendant: (a) around 20:20 on August 22, 2009, at the front of Mapo-gu, Mapo-gu, Mapo-gu, Mapo-si; (b) on the part of a security guard, the Defendant brought about emergencies with the victim as a parking problem; (c) on the one hand, the Defendant suffered from the victim’s left-hand threshold by drinking, resulting in an injury to the victim, such as double duna, which requires 16 weeks of treatment.

B. The lower court determined on August 22, 2009 on the day of this case that the Defendant received a notification of penalty of KRW 30,000 in violation of Article 1 subparag. 26 of the Punishment of Minor Offenses Act and paid the said penalty on August 26, 200 on the ground that the Defendant had disturbed nearby North Korea-gu C on August 22, 2009 from the chief of the police station around the day of this case. According to the above acknowledged facts, according to the date and time stated in the facts charged, at a place where the Defendant was found to have taken one time the left-hand side of the victim E with his head when the victim went beyond 16 weeks, and caused the victim to suffer danger to his life by causing injuries, such as thirralopical thirrosis, and the place where the facts charged against the instant serious injury crime and the crime committed are almost the same as the place where the Defendant paid the penalty, and all of which were deemed to have been subject to a notification disposition under Article 31 of the former Punishment Act.

(b).

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