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(영문) 창원지방법원 2016.09.27 2016고단2217

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On June 2, 2016, at around 21:10, the Defendant: (a) requested the victim C (56) who gets on board to sit in the seat next to the Defendant’s body; (b) caused the Defendant’s refusal to sit in the seat; and (c) caused the Defendant’s bodily injury, such as two strings on the left side and the head side of the victim four times with the left side of the victim’s body, and caused the Defendant’s bodily injury to the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General Injury (the scope of recommended punishment] and the mitigated area (two months to one year) [the person subject to special mitigation] / [the decision of sentence] / 8 months of imprisonment, the suspended execution of one year (the details and methods of committing a crime, degree of injury, the degree of injury, the record of a crime, and the fact that it reflects the nature of the crime)