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(영문) 창원지방법원 진주지원 2017.12.13 2017고단915

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on June 2, 2017, the Defendant: (a) did not simultaneously park the victim E (e.g., age 57) who driven the Defendant’s vehicle on behalf of the Defendant in front of Jinju City, and (b) caused the victim’s face to contact with the wall while getting down the vehicle after parking, and (c) caused the victim’s injury, such as internal, fladation, and fladation, which require approximately eight weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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. The measure of recommending the application of the sentencing criteria: In severe injury: Six months to two years (in the area of aggravated punishment):

2. It is serious that the accused who has rendered the sentence has taken care of the victim's face and has taken care of the victim's face by drinking.

It shall be considered for favorable circumstances that the defendant has deposited the amount of KRW 12,00,000 as the first offender.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.