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(영문) 창원지방법원 2015.07.16 2015고합119

중상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 28, 2015, the Defendant: (a) around 14:45, at the D Center located in the window C of Changwon-si, and (b) on the ground that the victim F (40 years of age) is a matter of garbage, and (c) on the ground that the victim F (40 years of age) is a matter of waste, the Defendant taken a hand-time test of the victim’s eye face, such as the victim’s eye, face, and exhaustive back the victim’s eye, and took a hand-time test of the body, such as the victim’s hair, face, and exhaustive back the victim’s eye, and led the victim to the risk of real name by causing injury to the victim, such as opporte, which requires approximately eight weeks of treatment.

As such, the defendant injured the victim's body, and thereby caused the victim to be suffering from an incurable or incurable disease.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The police statement of the victim F;

1. A written diagnosis of injury;

1. An accident inspector;

1. Confirmation of serious injuries;

1. The degree of injury, and photograph of injury;

1. Application of Acts and subordinate statutes to a report on the occurrence of a serious injury, a criminal investigation report, a internal investigation report (Attachment to photographs of a victim's condition), a criminal investigation report (related to submission of a victim's statement), and a criminal investigation report (related to attachment

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. Application of the sentencing criteria [decision of types] general injury to violence: Type 2 (Special Aggravation) [Special Sentencing] and non-conformity with punishment [Scope of recommending areas and the scope of recommending sentences], reduction area of mitigation area, six months to one year and six months.

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and the extent of assault inflicted on the victim by the defendant for the crime of this case, and the victim's real name due to the crime of this case, it is not easy that the case might be mitigated.

However, the defendant recognized the crime of this case and repented in depth.