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(영문) 창원지방법원 마산지원 2016.05.18 2016고단278

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 1, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for an injury, etc. at the Changwon District Court Msan Branch, and the said judgment became final and conclusive on December 9, 2015.

From October 2014, the Defendant was in de facto marital relationship with the victim C, and there was a complaint with the victim to manage the funds when operating the D factory together with the victim.

On October 30, 2015, the Defendant, around 19:00, committed assault to the victim on the ground that the Defendant was unable to operate the “D” factory due to the difficulty of the Defendant’s employee in operating the 205-dong apartment complex E, Changwon-si, Changwon-si, Changwon-si, and that the victim was in need of why he would have been. In addition, the Defendant inflicted an injury on the victim, such as dynasium and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police against C;

1. A report on internal investigation (Attachment of a medical certificate) and a medical certificate for C attached thereto;

1. Reports on internal investigation (Attachment to photographs of damaged parts) and the damaged photographs attached thereto;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (report on binding text of judgment);

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) the reason for sentencing under the former part of Article 39(1) [the scope of recommendation] of Article 39(1) [in the case of committing repeatedly a crime against an unspecified or large number of unspecified victims or for a considerable period of time in the aggravated area (six months to two years), [the sentence] imprisonment for six months (the defendant has committed repeated violence-related crimes against a victim for a considerable period of time). In particular, the defendant was prosecuted for having committed a criminal act related to violence committed from February 27, 2015 to August 27, 2015 and was prosecuted for having committed the criminal act related to such violence and on December 1, 2015.