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(영문) 창원지방법원 진주지원 2015.04.07 2015고단70

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

On December 12, 2014, at around 23:55, the Defendant: (a) found at the front of “C entertainment tavern” located in the Namnam-gun, Namnam-gun; (b) found the Defendant’s wife at the same time on the ground that the victim D (here, 49 years of age), who is the president of the said main office, examined the Defendant’s wife “dys human and dead,” and caused the Defendant to inflict an injury, such as salt, tensions, etc., in need of approximately two weeks of treatment on the part of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A complaint;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), group of violent crimes, general bodily injury, and Type 1 (General Bodily Injury) (Scope of recommended sentences) and non-prosecution of punishment (limited to the range of recommended sentences), from February to one year (limited to mitigation);

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years (Probation, community service, 40 hours) (limited to 17 times a fine, suspension of execution for three times a suspended execution, and 4 times a sentence), the Defendant committed the instant crime under the influence of alcohol, while under the influence of alcohol. In light of the fact that the crime committed during the commission of punishment is not subject to prior consideration of the wife, but constitutes a cause for severe punishment, in view of the fact that the offense committed during the commission of punishment has committed a crime under the influence of alcohol, not subject to severe consideration of the wife, and thus, the criminal quality of the Defendant is very good.

However, there are favorable circumstances, such as the fact that the defendant is waiting to commit a crime and is against himself, and that the victim does not wish to punish the defendant.

Taking into account all the above circumstances, the defendant is sentenced to imprisonment with prison labor for the defendant, considering the fact that there are many criminal records of the same kind of crime and that the previous crime and the crime of this case are likely to be closely related to drinking habits of the defendant.