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(영문) 창원지방법원 통영지원 2018.05.30 2017고단1889
상해
Text

A defendant shall be punished by imprisonment 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

On November 20, 2017, the Defendant: (a) 06:15 on November 20, 2017, the victim D (43 tax) who drinks alcoholic beverages with a chance to do so on the front side of C at the time of a show of alcohol, continues to drink alcoholic beverages to the Defendant’s working woman.

In order to prevent the victim from exercising his/her right, the victim was able to walk the defendant's chest due to his/her influence and walking the victim's body once, and the victim's face, which was used as a drinking, was taken several times by the victim's body and taken several times, and the victim suffered injury, such as a multi-fluor of a cage at the left-hand 42 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Where the victim is fully responsible for the occurrence of a crime in the area of mitigation (two months to one year) (special mitigation) in the range of general injury to the victim of a type (two months to one year) according to the sentencing guidelines;

3. The fact that the defendant who was sentenced to the punishment of this case recognized the crime of this case and is against the defendant, and that the victim is fully responsible for the occurrence of the crime, such as assaulting the defendant first, is favorable to the defendant.

On the other hand, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and circumstance of the crime, and the sentencing guidelines for the Supreme Court sentencing committee, such as the agreement with the victim or failure to recover damage, and the degree of injury relatively heavy, etc., shall be comprehensively taken into account, and the punishment shall be determined as per the order.

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