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(영문) 창원지방법원 통영지원 2016.09.21 2016고단578
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 19, 2016, the injured Defendant: (a) around 22:00, through C, 22:00, the victim D (the age of 54) on the second and the second floor Erash operated by Erash; (b) the victim, while smoking tobacco, was released from the victim’s head, and then was dried up the victim’s head debt on the floor on the ground that the victim prevented him/her; (c) carried the victim’s face; and (d) carried the victim’s face on several occasions by drinking; and (d) continued to buck the victim’s face on the left side.

The defendant continued to have been on the side of the Lao entrance, at one time on the left-hand hand of the victim.

As a result, the defendant suffered bodily injury, such as spatha, which must give approximately four weeks of treatment to the victim.

2. The Defendant interfered with his duties, at the same time, at the same time and place as described in paragraph 1, expressed the victim’s desire with the large sound, “Chosh”, and subsequently, took assault against the victim as described in paragraph 1, putting the victim at his/her hand, sealed the alcohol disease on the table, and walking the chair by walking, etc., and obstructed the victim’s main business operation by force, by preventing customers entering the said main points from entering.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report;

1. Relevant provisions of the Criminal Act, Articles 257(1) and 314(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court: the scope of the final punishment due to the aggravation of multiple offenses for which no basic area exists (fix 1 to 6 months), the basic area (fix 6 months), (fix 1 to 6 months), (fix 1) of the recommended punishment (fix 1 to 6 months), (fix 4 months), the basic area (fix 1 to 6 months), (fix 6 months), and the scope of the final punishment due to the aggravation of multiple offenses for which no special person exists: 6 months to 2 months;

2. Determination of sentence;

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