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Reasons
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(영문) 창원지방법원 통영지원 2015.09.24 2015고단520
상해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 22:30 on March 11, 2015, the Defendant: (a) opened a meeting with the victim D (the age of 35) in C cafeteria B, which was held on March 11, 2015; (b) opened the victim’s scam, etc. by hand and scam, without any justifiable reason, on the ground that the victim went out of the upper restaurant; (c) followed the victim by drinking the victim one time on the ground that the victim came out of the upper restaurant; (d) laid down the scam of the victim two times by hand; and (e) laid down the victim’s scam in the hands of the victim one time, the Defendant laid down the left scam of the victim, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending sentence] general injury [the range of recommending sentence] general injury area (six months to two years] / [the sentence sentence] / The following circumstances and other conditions of sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., shall be determined as ordered by considering the following conditions of sentencing as well as other circumstances of sentencing specified in the records and arguments of this case.

The favorable circumstances: The degree of injury of the victim is not less severe, and the records of punishment for the same kind of crime are possible, etc.

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