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(영문) 창원지방법원 통영지원 2018.11.30 2018고단767
상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 17, 2018, at the entrance of Tongg-si, the Defendant took time off the face of the victim E (the victim South, 53 years old) on the ground that he/she was driving a threat at the entrance of Dog-si, Tongg-si on May 17, 2018 on the ground that he/she was driving a threat.

As a result, the Defendant inflicted injury on the victim, such as the cutting of a charnels that require treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the medical certificate of injury (issuance by doctor G of the F hospital), report on investigation (on-site photographs, etc.), and the Acts and subordinate statutes governing the body of the victim;

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

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

1. The defendant asserts that Article 62-2 of the Criminal Act on the observation of protection [the defendant at the time of the instant case argues to the effect that he/she was in a state of mental or physical loss or mental weakness due to the

According to the records, the defendant's medical treatment is recognized as a fact that the defendant is receiving medical treatment from the unsatisfying, but it is insufficient to deem that the defendant had no or weak ability to discern things, so the defendant's above assertion is rejected.

The reason for sentencing is that the victim has great damage to the victim due to the instant case, and the victim wanted a severe punishment of the defendant, but the defendant has no criminal records exceeding the fine, and the defendant has been hospitalized several times due to early illness, the defendant's age, sex, sex, environment, health conditions, circumstances leading to the crime, means and result, etc., shall be determined as per the disposition, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime.

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