(영문) 창원지방법원 2017.02.02 2016고단3888

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(영문) 창원지방법원 2017.02.02 2016고단3888

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 18, 2016, at around 19:50 on October 18, 2016, the Defendant took a bath for the victim F (56 taxes) of the E festival located in Kimhae-si D on the ground that the victim does not see himself/herself as the owner of the sand, and was able to do so by his/her hand on several occasions, sprinking the victim’s breath and sponsing the victim’s sprinks and tensions, etc., which require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. A list of reported occurrence reports and handling of reported case;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury [the grounds for sentencing under Article 62(1) of the suspended sentence] in the mitigated area (two months to one year), [the person who has been specially mitigated] the punishment not, or where considerable damage has been recovered (including efforts to recover damage), [the decision of sentence] the defendant has a number of criminal records including violent crimes, but the defendant again has a number of criminal records including violent crimes, a severe punishment should be committed: Provided, That the victim has agreed smoothly with the victim, and that the defendant will not repeat the crime by mixing it with the victim;

In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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