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(영문) 창원지방법원 2016.06.16 2015고합271

중상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C(36 years) are employees of E, each of the markets D even when the agricultural products are created in Changwon-ro 18 Doo-ro 45, Changwon-si, Changwon-si.

At around 04:50 on November 9, 2015, the Defendant: (a) around the front passage of the office in the middle of the Agricultural Products Wholesale Market F in Changwon-si, the Defendant: (b) had the victim go against himself without the name of existence; (c) had the victim go against himself/herself; and (d) the victim called “any one time at any time at any time at any time at any time at any time at any time at any time at any time; (d) had the victim go against the victim’s face 7 times at both drinking; and (e) had the victim go beyond the latter and the head go against the concrete floor at that place.

Accordingly, the Defendant suffered serious injury on the part of the victim, such as the dystrophal brain typosis, the duke, and the ductal of internal walls, which require approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One year to ten years; and

2. The application of the sentencing criteria [the scope of the recommended punishment] general injury (the scope of the recommended punishment] shall be limited to the mitigated area (the imprisonment of six months to one year and six months), [the person subject to special mitigation] the punishment not (including the serious effort to recover damage), or where considerable damage has been recovered from the mitigated area (the scope of the corrected recommended punishment] from one year to one year, and six months (the lower limit of the punishment by law applicable).

3. As a result of the instant crime of which the sentence was rendered, the victim committed the instant crime in a state where he/she was unable to lead a daily life, such as recognition, functional disorder, and behavioral disorder. Family members of the victim are also suffering from serious mental distress.

However, the defendant recognizes his crime.

Defendant.