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(영문) 창원지방법원 통영지원 2016.03.30 2016고단54
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

On November 18, 2015, at around 04:15, the Defendant, on the ground that he refused the Defendant’s request from the victim E (n, 37 years of age) who met with a singing room in front of the D convenience store located in Yong-Nam-si, around 04:15, the Defendant, at around 37 years of age, went back the victim’s face several times due to drinking, and continued to walk the victim’s body on several occasions, thereby cutting down the victim’s body, which requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A medical certificate;

1. A written agreement;

1. Application of the Acts and subordinate statutes on photographs;

1. Relevant provisions of the Criminal Act, 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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of general injury) in the basic area (the period from April to one year) (the period from January to June) (the period from special mitigation/increased] of victims, and injury (the type 1 and 4) of victims who are not subject to the punishment;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The injury of the victim is relatively heavy, and the defendant has been punished by a fine for the same kind of crime;

(k) favorable circumstances: The fact agreed with the victim, the fact that it appears to be an contingent crime under the influence of drinking, and reflects it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, are taken into account and the community service order is added with reflective and sexual reflection.

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