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(영문) 춘천지방법원 2013.09.12 2013고단672
상해등
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 of the final judgment.

Reasons

Punishment of the crime

1. On May 5, 2013, at around 00:30, the injured Defendant: (a) taken a look at the victim E (the age 42) who is a substitute driver in front of the D restaurant located in Chuncheon-si, and the parking problem; (b) taken the victim’s face with knee by taking the victim’s head collection; (c) taken the victim’s face with kne; and (d) taken the victim’s face and body by taking out the victim’s face and body after taking out the victim’s escape; and (c) taken the victim’s face and body by walking the face one time, and then string the victim’s face cannot be identified as the number of days of treatment.

2. The Defendant damaged property damage by gathering one wheel of metal materials at the immediately adjacent car center on the ground that the victim FF of the traffic-related vehicle article intending to put the vehicle in front of the above F, and at the time and place set forth in paragraph 1, the victim F of the traffic-oriented vehicle article intending to put the vehicle in front of the above F, thereby damaging the vehicle in front of the Gstststst Pacific Motor Vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. The prosecutor's statement concerning the F;

1. Relevant photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes attached to E medical records;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Not more than 10 years of imprisonment with prison labor for the scope of punishment by law;

2. In the case of bodily injury (determination of types) in general as to the crime of bodily injury, general injury (special person) - In the case of minor injury (type 1,4) as to mitigation factors (including serious efforts for recovery of damage) or recovery of considerable damage (determination of recommending area) as special mitigation factors (determination of recommending area).

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