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(영문) 창원지방법원 2016.10.26 2016고단2548
상해
Text

A defendant shall be punished by imprisonment for six 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 22:20 on June 27, 2016, the Defendant was the victim and the Defendant was the victim on the ground that the victim was living together with the female of the victim and interfered with his/her private life, while drinking the victim D (the age of 56) and drinking at the 5th Cnobs of the 5th floor of the Sungwon-si B building in Changwon-si, Changwon-si, Seoul.

In the process of the foregoing vision, the Defendant left the Defendant’s arm’s body, and 2 times the victim’s right eye with drinking materials, and led the victim to 56-day medical treatment, such as inside and outside walls, which require treatment for about 56 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

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

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1090, Apr. 1, 2009) (amended by Presidential Decree No. 20199, Feb. 1, 2009) where a victim is fully responsible for the occurrence of a crime or the expansion of damage (including a person subject to special mitigation) and where a victim is also responsible for the occurrence of a crime or for the expansion of damage, / Where a victim is not subject to punishment (including a serious effort to recover damage) or a considerable partial damage has been recovered, / [decision of sentence] the following circumstances and the circumstances of sentencing specified in the records of this case, such as the age, character and behavior, family relationship, home environment, motive and means of a crime, etc.,

The degree of injury is not easy, the circumstances favorable to the fact that there are records of fines for the same kind in several times: The fact that the victim has agreed with the victim, and the fact that there is no record of crime exceeding fines.

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