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(영문) 창원지방법원 2015.04.15 2014고단2691
상해
Text

A defendant shall be punished by imprisonment for six months.

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 21, 2014, at around 21:30, the Defendant used violence against the victim’s face once because the victim D was first at the Kimhae-si B on the ground that the victim D had her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the Defendant inflicted injury on the victim, such as the spathal of a baby who requires treatment for 42 days, the strike and loss of dental technicians, spathing of spathy, spathy of spathy, spathy of spathy, spathing of spathn, spathing of spathn, spathing of spath, and c

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

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

1. The basic area ( April to one year and six months) (no special person) of the sentencing criteria shall be the scope of recommendation types on the sentencing criteria [the scope of recommendation types] general, and the basic area (no special person shall be punished in April to one year);

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant who was sentenced to the sentence of this case was aware of the commission of the instant crime; and (b) there are some circumstances to consider the motive and background leading to the instant crime.

On the other hand, the part and degree of the victim's injury caused by the crime of this case are not less and less severe, the defendant has been punished for the same crime in the past, and the defendant has not agreed with the victim in a limited manner until now, etc. are disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, relationship with the victim, motive, means and result of the crime, etc., the sentencing conditions provided for in Article 51 of the Criminal Act and the scope of recommended sentences in the sentencing guidelines established by the Supreme Court.

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