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(영문) 창원지방법원 2017.07.13 2017고단1563

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 13:25 on April 30, 2017, entered the face of the victim D (54 tax) who was a second son of the company, on the ground that the victim D (54 tax) who was a second son of the company was frighted in a second son, and entered the face of the victim who was frighted in a second knife in a second knife, 4 times in a second knife, and knife in a second knife, and knife in a second knife and knife.

As a result, the defendant injured the victim about 4 weeks of treatment, and caused the injury of the frame and closedness of the inside and floor, and at the same time, damaged the victim's property by having a siren department in an amount equivalent to the market price of 380,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to a publicly known estimate;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Criteria for sentencing [Scope of Recommendation] General Injury: In cases where the basic area (from April to one year and six months) (special mitigation) (including serious effort to recover damage), the punishment is not suspended (including serious effort to recover damage), or considerable damage is recovered from the basic area (Article 1 and Types 4).

2. Circumstances disadvantageous to the determination of sentence: The degree of injury of the victim is not easy, the circumstances favorable to the fact that there have been several punishments for the same kind of crime: Agreement with the victim, the fact that there is no record of punishment exceeding the fine, and the defendant's age, sex, environment, means and result of the crime, and other various conditions of sentencing specified in the arguments in this case, including the circumstances after the crime, shall be determined as the same as the order.