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(영문) 창원지방법원 통영지원 2016.05.12 2016고단221

상해등

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

1. On September 7, 2015, the injured Defendant: (a) under the influence of alcohol at “the main point” operated by the victim D (Woo, 55 years old) in C on September 7, 2015; (b) was under the influence of alcohol to the issue of payment of the drinking value with the victim and the victim returned to the house; (c) was released from the said main point; (d) again, the Defendant was tightly pushed down the victim’s left head by booming the victim and booming him/her toward the said main point.

As a result, the Defendant inflicted bodily injury on the victim, such as salt, tensions, etc. in the cryp of cryp that requires approximately two weeks of treatment.

2. The Defendant damaged property, as stated in the facts of the crime No. 1, laid off a cell phone on the table, which was opened on the table, with the employees of the above main shop on the table, and destroyed two coffee malties and one male at the victim’s market price equivalent to KRW 20,000 and one male at the victim’s market price. On the other hand, the Defendant continued to gather 120,000 won of the victim’s market price on the floor and got the victim informed.

Accordingly, the defendant damaged the property equivalent to 140,000 won in total of the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A damaged photograph;

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

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

(a) An minor injury in the mitigated area (two months to one year) of Category 1 Crimes (Assaults) (Extent of recommended punishment) (hereinafter referred to as "Aggravated Punishment") (hereinafter referred to as "Aggravated Punishment"), which is minor;

(b) Class 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the basic area (from April to October) (no special sentencing person exists).

C. The scope of final sentence due to the aggravation of multiple offenses: four months to one year.