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(영문) 창원지방법원 2016.08.25 2016고단2428

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On March 17, 2016, the defendant was sentenced to six months of imprisonment with prison labor or one year of suspended execution for special assault by the Changwon District Court on March 17, 2016, and the judgment became final and conclusive on March 25, 2016, and is still under suspended execution.

1. On June 8, 2016, at around 23:10, the injured Defendant, at the floor children’s park in the window 130-5 Chang-si, Changwon-si, 130-5, drinking alcohol together with the victim C (41 years of age) without any justifiable reason, went beyond the victim’s face at the time of drinking. On several occasions, the victim’s face going beyond her face was reduced to the number of days of treatment and the victim’s face was reduced to the number of days of treatment.

2. On June 9, 2016, at around 02:40, the Defendant damaged the victim E (65 years) who was arrested at the window of Changwon-si (65 years) from the first floor outside of the dwelling site of the said victim E (65 years) by taking a bath that he was released on the charge of the above injury and that he was released from the arrest of flagrante due to the suspicion of the above injury, and then damaged the door door glass (50cm x 70cm x 70cm m in width) on the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each photograph;

1. Inquiry into criminal history and application of Acts and subordinate statutes during a period of suspension of execution;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. In the case where there is no person subject to special sentencing [the scope of recommending punishment] of the mitigated area (one month to six months), of the mitigated area (one month to six months), of the mitigated area (including property damage, etc.) of the mitigated area (one month to six months), of the punishment (including a person subject to special mitigation) of the punishment) of the mitigated area of the punishment (including a serious effort for recovery of damage), of Article 38(1)2 of the Aggravated Punishment Act, and Article 50 of the Aggravated Punishment Act (hereinafter “Aggravated Punishment”) of the Aggravated Punishment Act, the final sentencing scope following the aggravated punishment of the multiple crimes: In light of the circumstances taken from April to September 1 in light of basic matters: the course and method of the crime, degree of damage, frequency of the crime, etc.