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(영문) 창원지방법원 통영지원 2017.08.17 2017고단310
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

On February 3, 2017, the Defendant: (a) 23:30 Lambling C Apartment 209 Dong 101 on February 3, 2017, and (b) hambling the company’s retirement with a large sound while under the influence of alcohol, and (c) hambling the head of the victim’s d; (b) hambling the body of the victim; and (c) hambling the body of the victim’s hambling part of the left body of the victim’s hambling; and (d) hambling the body of the victim’s ham with the victim’s hand room.

As a result, the Defendant inflicted an injury on the victim, such as on the face of a 14-day area where treatment of 14 days is required (the Defendant and the defense counsel held that the Defendant only 2 times the victim's cream, but did not look at the victim due to drinking.

However, according to the evidence duly adopted and examined by this court, the defendant can be found to have taken advantage of the part of the victim's left her body and when he/she several times, so the above assertion by the defendant and his/her defense counsel is not acceptable).

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of an injury diagnosis report);

1. Article 257 of the Criminal Act applicable to the facts constituting an offense and Article 257 (1) of the Criminal Act selection of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Injury (1 and 4 types of general injury) in the area of mitigation (2 months to 1 year) (2 months to 1 year) in accordance with the sentencing guidelines for the Supreme Court, the scope of the recommended punishment [the scope of the recommended punishment] general;

2. Even though the Defendant had a record of criminal punishment of fines twice due to the crime of injury, again committed the instant crime, and did not reach an agreement with the victim.

However, the defendant.

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