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(영문) 창원지방법원 통영지원 2016.10.20 2016고단1165

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 08:00 on April 30, 2016, the Defendant: (a) at the Defendant’s house located in Masung-gun Budio, the Defendant was unable to lend a motor vehicle to the Defendant, and (b) on the ground that the victim C (here, 49 years of age) who was a woman living together in a relationship with the Defendant (here, she) did not lend a motor vehicle; (c) on the ground that he/she would mathize the complaint he/she had in a usual relationship, he/she was flick at once on the left shoulder part of the victim’s left part; and (d) was flicked on the head part of

As a result, the defendant injured the victim about 14 days of medical treatment and damaged the bodily integrity of the two sides.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement in the interrogation protocol of the accused;

1. A complaint;

1. Blue pan pande photographs and pande pande photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act;

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

1. Persons who are not subject to punishment in the mitigated area (two months to one year) (special mitigation) of category 1 (the scope of recommendation) of general bodily injury;

2. It is so decided as per Disposition by the Defendant on the grounds that the Defendant’s specific grounds for sentencing may have been convicted of violence, taking into account the Defendant’s age, character and conduct, environment, circumstances leading to a crime, means and consequence, etc., and the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., and considering the Defendant’s age, character and conduct, environment, and the circumstances after the crime.