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(영문) 창원지방법원 통영지원 2018.07.12 2018고단127
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 January 27, 2018, at around 23:05, the injured Defendant avoided disturbance at the 1st floor restaurant of the F-gate 1 operated by the Victim E (F. 67 years of age) located in Tong Young-si, 2018, the injured Defendant: (a) was the victim E, “I am h, B,” and “I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h.

As a result, the Defendant inflicted injury on the victim E, such as brain fresh with no open room for approximately three weeks of medical treatment, and damage to the victim C, which requires approximately six weeks of medical treatment.

2. The Defendant was at the time and place indicated in paragraph 1, while avoiding disturbance from the victim G (47 years of age). The Defendant was at the hand floor of the victim G one time with the part of the victim G’s left clock, and continued to restrain the clocks of the victim H (49 years of age) that she saw the bridge, thereby having the victim H go beyond the floor of the victim H.

Accordingly, the Defendant assaulted the Victim G and the Victim H respectively.

Summary of Evidence

1. The defendant's statement to the effect that "the victim E was injured and assaulted by the victim G and H"

1. Each legal statement of witness C and H;

1. Each police statement protocol with respect to E and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate);

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant inflicts bodily injury and assault on four victims.

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