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(영문) 창원지방법원 밀양지원 2016.04.21 2015고단316

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the victim C (V, 56 years of age) for 11 years, and is living separately due to recent economic problems.

At around 18:30 on June 6, 2015, the Defendant, at around 22:54, she drinking alcohol with the victim, and she did not occur while trying to have a sexual intercourse with the victim, and the victim she was said to be “the matcher” due to the occurrence of the crime, and caused damage to the victim’s face, such as the victim’s face, due to drinking and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act and the fact that the crime of this case is not good, and that the victim has not been agreed with, strict punishment against the defendant is required.

However, the defendant's mistake is divided, the defendant deposited 6 million won for the victim, the defendant is also sentenced to protection observation and community service order along with a suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.