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(영문) 춘천지방법원 원주지원 2014.07.23 2014고단465
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 of the final judgment.

Reasons

Punishment of the crime

On April 15, 2014, at around 22:25, the Defendant sought a type of F, which is hospitalized at the E Hospital’s third floor of the E Hospital’s operation of the victim C (70 years of age), and tried to interview the patient’s face. However, the Defendant sought from the victim the horses that “the time has expired,” followed the victim’s speech that “the time has expired,” and then, the Defendant saw the victim’s breath, while taking the victim’s bath, followed the victim’s face, and met the victim’s face.

이에 피해자가 그곳 복도에 있는 의자에 앉아 쉬고 있자, 피고인은 피해자에게 다시 다가가 이마로 피해자의 얼굴 부위를 들이받아 복도에 넘어뜨리고, 발로 피해자의 가슴 부위를 수회 걷어찼다.

In the end, the Defendant inflicted injury on the victim, such as the impairment of the face value of the face that requires approximately four weeks of medical treatment, and the influence of the stuff.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to C and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under Articles 32(1) and (2), and 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (inasmuch as the scope of liability for compensation is unclear, it is inappropriate to issue an order for compensation in the criminal procedure)

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, general injury, and type 1;

(b) General penal persons: Aggravation factors (limited to the concurrent punishment); and

(c) Scope of recommendations: Basic area, April to June;

3. Determination of sentence: Imprisonment with prison labor for not less than eight months, a stay of execution for two years, a period of probation and violence therapy for 40 hours (finite circumstances), reflects on contingent crimes (finite circumstances) and the same power that leads to not less than two times, including two times of imprisonment;

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