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(영문) 창원지방법원 진주지원 2017.11.08 2017고단732
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 21, 2017, the Defendant: (a) around 22:20 around 22:20, in front of the frequency in Sacheon-si, Sacheon-si; (b) on the other hand, the Defendant was under the influence of alcohol on the left eye of the victim D (46 years old) who was in the vicinity without any particular reason, using the Defendant’s mobile device.

As a result, the Defendant committed an open wound and surrounding snow that require approximately two weeks of treatment to the victim.

2. The Defendant damaged property at the same time, at the same place as in the preceding paragraph, and at the same time, at the same time and place as in the foregoing, the Defendant inflicted an injury on D as above, and caused the victim’s left face by drinking, and caused the Plaintiff to fall off on the floor, thereby destroying the victim’s market price of KRW 200,000,000,000, which was used by him.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each police statement made in relation to D, E, F, and G;

1. Mobile phone photographs, injured part photographs, and shot photographs of the mobile communications;

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

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [Aggravation of concurrent crimes with the punishment imposed on the heavier judgment];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Category 1 - The sentence of recommending injury: two months to one year (the area of mitigation): No penalty shall be imposed;

(b) 2nd offence - The sentence of recommending damage to property: one month to six months (the area of mitigation): No penalty shall be imposed.

(c) Many crimes: From February to March; and

2. The sentencing factors, such as the defendant's age, sex, environment, circumstances of this case, means, results, etc., shall be determined as ordered by taking into account all of the sentencing conditions as shown in the arguments of this case, including the fact that the sentencing factors and the defendant were punished for violent crimes.

Rejection of Public Prosecution

1. The Defendant’s summary of the facts charged on June 21, 2017.

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