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(영문) 대전지방법원 서산지원 2013.12.13 2013고단512
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

The defendant was living together with the victim B (here, 23 years of age) who suffered from the th degree of brain disease, and from February 2013 to April 2013.

On April 9, 2013, the Defendant: (a) around 23:00, the Defendant: (b) 302 Dong 1513, which is the Defendant’s residence in Seosan-si, Seogdong 302 Dong 1513, the Defendant: (c) called “the victim,” and (d) was a matcher; (d) 3:4 times the victim’s left side booms the victim’s body boom at the same place on April 10, 2013; (d) around 11:00 on April 10, 2013, the Defendant sent the victim a heart of booming boom at the same place; and (e) took action, the victim’s face was damaged by drinking, and (e) took part in the victim’s body body part, including the victim’s boom, sect, sect, sect, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. are: (a) although the defendant was living together with the victim suffering from brain-disease and was living together with the victim, it is not good for the victim to commit the crime for minor reasons; (b) the degree of damage suffered by the victim is not much severe; and (c) the defendant is against the defendant's mistake; and (d) the defendant's age and criminal record are considered to be against the defendant's wrong judgment,

It is so decided as per Disposition for the above reasons.

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