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(영문) 창원지방법원 통영지원 2016.12.22 2016고단1677
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 17, 2016, the Defendant: (a) around 04:31, the Defendant sent the victim E (Nam, 27 years of age) to the room of the D entertainment tavern located in Tong-si, Tong-si, for the reason that the service hours have expired, and she was sent to the room, and (b) the victim was living in the room 3 times by avoiding the Defendant’s assault; (c) on the other hand, the Defendant sustained 4 times of the victim’s face due to drinking, resulting in the victim’s injury, such as the inside and the removal of the inner wall, which require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. On-site, suspect and victim photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the investigation report (the CCTV analysis) and the CCTV-faging system for D main points;

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

1. The basic area (from April to January 6) (special mitigation) of types 1 (special mitigation) and the basic area (special mitigation) of types 1 general injury (the scope of recommendation) and injury (the types 1 and 4) of the sentencing criteria;

2. In light of the circumstances leading to the instant crime for specific sentencing, means and significant consequences, the Defendant’s specific sentencing is not good, and the Defendant’s 15 million won should be paid at the latest and later, and the victim did not want to be punished against the Defendant, and the Defendant’s age, character, environment, family relation, family relation, circumstances leading to the Defendant’s crime, means and consequence, etc., considered the sentencing conditions under Article 51 of the Criminal Act, and considered the circumstances after the commission of the crime, and decided as ordered by the disposition.

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