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(영문) 창원지방법원거창지원 2020.11.18 2020고단109
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant on April 10, 2020, at around 05:10 on April 10, 202, Category C needs to be located in Chungcheongnam-gun, Chungcheongnam-gun.

At the main point, the victim D(n, 23 years of age), E, etc. and the defendant thought that the defendant had sexual intercourse with the victim who was under the influence of alcohol. At around 05:25 on the same day, the victim's driver away from the above main point in the Felel parking lot in front of the Felel 05:25 on the same day, the victim's inside and outside part of the victim's inside part of the victim's left side buckbucks, and the victim's inside and outside part of the victim's inside part of the right knekne with the right part of the victim's inside part of the victim's inside part of the 8-day medical treatment, and the victim suffered injury, such as inside, internal, and sub-spathing of the wall, etc.

Summary of Evidence

1. The application of the police's written diagnosis of the suspect interrogation protocol E of the defendant in relation to the defendant's legal statement D, the police's report of internal investigation before and after the injury (including internal investigation, etc. at the time of the dispatch of the report), the internal investigation report (Attachment, etc. to Fel CCTV images), the investigation report (Attachment, etc. to the victim's photo) (Attachment, etc

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not more than seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Class 1] general injury (special person) and increased factors: serious injury (the scope of recommendation field and recommendation range] increased area, six months to two years and six months.

3. The crime of this case committed by the Defendant with drinking and knenee-free, etc., resulting in an injury, such as inside the left-hand side of the victim requiring treatment for eight weeks, and the inner wall and the lower wall soften, etc. In light of the circumstances of the crime, the nature of the crime is not very good in light of the nature of the crime, and even if the Defendant had been punished twice for the crime of injury in 2016, the Defendant committed the crime of this case. The victim, due to the crime of this case, is likely to undergo severe psychological impulse and prepare it.

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