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(영문) 전주지방법원 남원지원 2014.06.17 2013고단246

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

[2013고단246] 피고인은 2013. 9. 28. 23:00경 술에 취한 상태에서 남원시 C아파트 101동 1310호에 있는 피해자 D의 주거지에 이르러 시정되어 있지 않은 현관문을 열고 안방까지 침입하여, 그곳에서 위 D과 이야기를 하고 있던 피해자 E(46세)에게 “나를 모르느냐”라고 말하며 시비를 걸다가 양손으로 E의 오른손을 잡아끌고, E의 손가락을 꺽어 위 E에게 약 1주일간의 치료를 필요로 하는 우측수부 염좌상을 가하였다.

[2014 MaMa17] Around 05:30 on December 18, 2013, the Defendant was tried as the case causing injury to the victim E (the age of 47) on or around 05:30 on December 18, 2013, the Defendant sought in the future of the victim's house located in C apartment 101 Dong 309, Namwon-si, Namwon-si, and opened the entrance by the entrance, and then he saw it as a large voice, “I am wrong. I am dead at once. I am. I do not am. I am. I am.”

Summary of Evidence

[2013 Highest 246]

1. The defendant's partial statement in the first protocol of trial;

1. Each statement made by witnesses E, F and D in the third protocol of trial;

1. Each police statement of E, F, and D;

1. A medical certificate;

1. A complaint (2014 high-class 17);

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of bodily injury (determination of types), violent crimes, general bodily injury, and Type 1 (Special Bodily Harm) (Special Contributor): Insignificant bodily injury (Extent of recommending punishment): Imprisonment with prison labor for not less than two months but not more than one year;

(b)the type of intimidation;