beta
(영문) 창원지방법원 2013.11.01 2013고단2715

상해

Text

A defendant shall be punished by imprisonment for four 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 01:30 on 01:0 on 30, 2013, the Defendant: (a) entered the victim’s shop in front of the Dju shop operated by the victim C (here, 42 years of age); (b) was prevented from the victim on the ground that the business was completed; and (c) the Defendant was removed from the victim on the ground that the victim’s shop was “I am unable to get off the victim’s hair” and “I am out of the ground, I am down the chest, and am out of the ground, and am out the chest, and then am down the chest’s chest and left hand of the C’s left hand, and am out one time, respectively.

The Defendant continued to commit the above acts by putting the hair of the victim E (the age of 43) in his hand, and scam the face over 3-4 times.

As a result, the defendant suffered injury to the victim C, such as a diversity opening of the two-time medical treatment for about two weeks, and brain-dead sugar that requires approximately two weeks medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A medical certificate of injury and a medical certificate;

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the fact that the defendant has the same criminal history and the attitude of each of the crimes of this case is poor, etc., the types of punishment shall be punished by imprisonment, and the probation shall be imposed in consideration of the circumstances leading to the crime, the degree of damage to the victims, the victims did not agree to punish the defendant, and the possibility of recidivism, etc.

It is so decided as per Disposition for the above reasons.