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(영문) 창원지방법원 2016.09.28 2016고단2341

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to a suspended sentence of two years on July 29, 2016 at the Changwon District Court for a crime of violating the Road Traffic Act, and the said judgment became final and conclusive on July 29, 2016.

The defendant and the victim B (the 33 years of age) are legal marital relationships.

On June 12, 2016, at around 04:20, the Defendant: (a) viewed the victim who drinks alcohol and returned late to the Republic of Korea, and (b) sustained the victim’s face side by drinking alcohol, and sustained the victim’s body, such as the vessel, breast, and bridge, and sustained several times, the Defendant inflicted injury on the victim, such as throst, spathy, and spathal spathum, which require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A photograph of damaged parts, a diagnosis certificate of injury, and a report on investigation;

1. Inquiry about criminal history, reporting of previous convictions and results of confirmation, application of one copy of the judgment, and Acts and subordinate statutes of fixed date data;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act and Article 37 of the Criminal Act, the sentence shall be determined as per Disposition, taking into consideration the following circumstances: (a) the previous conviction in the judgment of the reason for sentencing under Article 62(1) of the Criminal Act and the latter concurrent crimes after Article 37 of the Criminal Act; (b) the victim does not want the punishment of the defendant; (c) the father and degree of injury; and (d) the age, sex, family relationship, family environment, motive and means of the crime; and (d) the circumstances that form the conditions of sentencing