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(영문) 춘천지방법원 원주지원 2019.05.30 2019고단297
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

At around 13:00 on March 21, 2019, the Defendant: (a) assaulted the victim on the road of the victim B (the age of 80) located in Gangwon-gun C, to find out that the victim was able to flow out the drinking water that the victim gets after drinking out; (b) caused the victim's head several times by hand; and (c) caused the victim's injury on the 6, 7th left side of the body requiring approximately 4 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as site photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Code of the Social Service Order: The victim suffered relatively serious injuries that can be added to the cage of the victim, and the damage has not been recovered.

The defendant has been punished for the same kind of crime.

The favorable circumstances: there is no record that the defendant was punished by imprisonment with prison labor or more severe punishment.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

The victim filed an application for compensation order of KRW 3 million under the pretext of hospital expenses and medical expenses, etc., but the scope or amount of such application is insufficient, making it dismissed under Articles 32 (1) 1 and 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and make a decision as ordered.

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