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(영문) 창원지방법원 통영지원 2016.12.08 2016고단1456
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 11:00 on July 21, 2016, the Defendant: (a) at the Defendant’s house located in C2nd floor at a large city, on the ground that D (the 36-year old age) who is a cohabitantd victim did not open a door for drinking; (b) the Defendant stated that “the victim would not open a door or want to work,” and she set up the victim beyond the floor by pushing the part of the victim’s ship.”

As a result, the Defendant brought about the victim with a chest in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Sentencing (Scope of Recommendation) general injury: Type 1 (General Bodily Injury) and special mitigation (1 to 1 year) (1 to 1 year) and minor injury (1 to 4 kinds) and no penalty shall be imposed;

2. The victim did not want to be punished against the defendant since the investigation stage, because the victim's damage caused by the instant crime was relatively minor and the victim's mistake was not found to have been committed again. Since then, the defendant did not want to be punished against the defendant by mutual consent with the victim (the submission of a written agreement dated November 8, 2016) other grounds for sentencing under Article 51 of the Criminal Act, such as the defendant's age, character, conduct, environment, circumstances leading to the crime, means and consequence, the circumstances after the crime, etc., are considered to have been committed. It is so decided as per Disposition on the grounds that the sentence is determined, taking into account the sentencing conditions stipulated in Article 51

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