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(영문) 창원지방법원 2016.05.11 2015고단3092

상해등

Text

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

The defendant, while pursuing a camping market with the friendship, was in the field of a field where the friendship C et al. was opened with the friendship with the friendship Gu, reported that the friendly C et al. was living with the victim D (18 taxes) and his/her behavior and carried out his/her body fighting. In order to speak, the defendant put in the above fighting match.

1. On April 4, 2015, at around 03:25, the injured Defendant: (a) committed an assault to the victim D (18 taxes) of this drinking, such as drinking the face of the said C, at the head of the Jinhae Gun Festival, which is located near the Jinhae-gu, Jinhae-gu, Jindo-ro 40, Jindo-ro 40, and (b) led the victim to a voice to such an end; and (c) then, (d) the victim was able to walk the victim by walking the victim to walk the victim to the direction of the Defendant and walking the victim to walk the body that she gets out and walked, etc., for approximately three weeks of medical treatment.

2. In particular, the Defendant tried to fight D and C’s body at the date, time, place, and place indicated in paragraph 1, but continued to fight the body, which is a dangerous object for the defect of the body, and brought the body fighting, to the head of the victim E (17 tax) who was flicking the body, and went to the head of the victim E (17 tax) who was flicking the body, while taking care of the victim’s face due to drinking, the Defendant blicked the victim for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each written statement and each written diagnosis of injury to Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures [the favorable circumstances] is a juvenile who has yet to be aged, and the defendant erred.