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(영문) 창원지방법원 2015.04.23 2014고단3400

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On June 28, 2013, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on June 28, 2013, and the judgment became final and conclusive on October 5, 2013 and is currently under suspended

The Defendant, under the influence of alcohol, lacks the ability to discern things or make decisions. On November 13, 2014, around 01:45, at the D convenience point located in Kimhae-si, the Defendant stopped a passenger car driven by the victim E (the age of 24) on the road in front of the D convenience point in Kimhae-si, and expressed the victim’s desire to “I am out of the string, why we stop the vehicle?” and when the victim’s face can be taken by drinking, I am over the floor when I am the victim’s face, and am out of the floor when I am the victim’s face, I am the victim needs to receive approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Where the reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical disability [the scope of recommendation] is the special mitigation area (1 to 1 year) of category 1 (1) of the Act on the Special Mitigation Area (1 to 1 year), the self-denunciation or internal accusation, the exemption from punishment (including serious efforts to recover from damage), or considerable damage is restored [the decision of sentence] 4 months of imprisonment [the crime of this case is committed in violation of the Act on the Control of Narcotics, etc. (the crime of this case is poor during the period of probation, and the defendant was punished in several times by a fine other than the crime of this case after the sentence of the suspended sentence was sentenced, and the crime of this case is deemed to be committed against a victim who has no relationship with the defendant, and the degree of injury is poor and serious.