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(영문) 의정부지방법원 고양지원 2012.12.21 2012고단909
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

At around 17:10 on February 23, 2012, the Defendant, within his own office located in D, on the ground that her mother, who was the wife of E and F (54 years of age), had her mother at the time of dispute over the change in the name of the monthly rent contract in the office of the said building owner G, which was the wife of E and F (54 years of age), suffered bodily injury, such as “the closure and the escape of the relication of the victim F,” which requires approximately 10 weeks of treatment.

Summary of Evidence

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

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. A H statement;

1. A criminal investigation report;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act: Selection of imprisonment with prison labor;

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

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The defendant and his defense counsel asserted that the defendant's act constituted self-defense or legitimate act, even though the defendant took one-time face of the victim by cutting over the breath of the victim's breath and cutting over the breath. However, the defendant did not take ten-time face, body, and the breath of the victim's breath because of walking or exposing the breath of the victim's breath.

2. In light of the above evidence, the defendant's act does not seem to constitute self-defense or legitimate act, since the defendant's act is not deemed to constitute self-defense or legitimate act, in full view of the circumstances leading up to the occurrence of the case, the acts of the defendant and the victim, and the circumstances before and after the crime of this case.

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