logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2013.03.22 2013고합16
중상해
Text

A defendant shall be punished by imprisonment for one year.

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 01:00 on October 11, 2012, the Defendant, along with the members of the friendship club, such as the victim D (year 51) at Singue C Hop on October 11, 2012, had the victim undergo drinking, and had the victim undergo scood only from the private point of view.

The defendant continues to have a dispute with the victim at the entrance and exit of the above heading house.

When the face of the victim is taken by drinking, approximately one height of the stairs of the height of the 1st son's height was lowered.

As a result, the defendant suffered from injury to the victim, such as double pelkes that require at least 16 weeks of treatment, thereby causing danger to life.

Summary of Evidence

1. Partial statement of the defendant;

1. Police and suspect examination protocol of each prosecution against the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a medical certificate, each medical opinion, each copy of nursing and treatment book, each record, each record, field photograph, response according to a request for cooperation in investigation, photograph, investigation report (No. 25 of the evidence list of prosecutors);

1. Article 258 (1) of the Criminal Act applicable to the crime;

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

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 summary of the Defendant’s assertion is that the victim’s face was reduced at one time at the time and place as indicated in the judgment, and thus, the victim’s face was damaged by more than 16 weeks of medical treatment. However, there was no intention to injure the victim, and there was no possibility of predicting the serious injury.

2. Determination

A. The crime of serious injury under Article 258(1) of the Criminal Act is established when a person’s body is injured and thereby causing a danger to his/her life. It is not only where a person has intent to cause serious injury at the time of the harmful act, but also where the harmful act causes a serious injury.

arrow