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(영문) 창원지방법원 통영지원 2017.06.21 2016고단2025

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

At around 05:00 on June 25, 2016, the Defendant: (a) sent a large drinking value to the victim in the process of calculating the drinking value after drinking with the employees of the same substitute engineer and the victim D (47 years of age) who met one’s own life; (b) made it difficult for the victim to punish one another from drinking to the victim; (c) took the victim’s face from drinking to the studio; (d) put the victim’s face into the studio; (e) put the victim into the studio; (e) put the victim’s face into the studio; and (e) put the victim over the floor to the studio; and (e) put the victim into the thudio and face, etc.; and (e) inflict injury, such as galging and galging, which requires about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (E, F, or D replacement);

1. Each police statement made to D, G, and H;

1. A protocol concerning each of the police suspects of F, I, and E;

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment of photographs of the victim), photographs, investigation reports (investigation into attachment of a victim's diagnostic certificate and photographs), and diagnosis reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to January 1) (the person who has no special sentencing seal].

3. The circumstances are favorable to the defendant, such as the following: (a) a person whose sentence was determined by the sentence committed an assaulting the defendant first while drinking alcohol on the ground of the drinking value, etc. against the victim of the drinking alcohol together with the defendant; (b) the fact that the defendant appears to have suffered an injury; and (c) the fact that the victim deposited the drinking alcohol

On the other hand, the victim's injury is not easy, there is no agreement with the victim, and the defendant has been punished twice as a fine for the same kind of injury in the last ten years, and the defendant has interfered with the business.