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(영문) 창원지방법원 2020.01.30 2019고단2368

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2019, the Defendant: (a) around the 22:20 p.m., around the window of Changwon-si, on the ground that the victim C (n'e, 49 years of age) did not pay a difference; (b) taken the face, etc. of the victim on his hand; and (c) continued to have the victim go beyond the ground floor by being pushed away from the victim by hand; and (d) continued to go beyond the ground floor, the Defendant was sprinked by the victim, such as a side gul, and a room, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing appraisal commission and reply;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. Under the decision of sentence, favorable circumstances such as the following circumstances and the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after committing the crime: The time of and reflects on the crime, and circumstances that the victim does not want the punishment of the defendant under an agreement with the victim: The victim has been punished twice by violence against the victim in relation with him/her, but again, the victim has been punished twice in relation to the crime of this case.