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(영문) 창원지방법원 2018.04.10 2017고단4032
상해
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

At around October 27, 2017, the defendant A and the victim C (41) were in the past, and the victim called the defendant A as a matter of money to the E dormitory where the victim in Kimhae-si D was living together with the defendant. At the same place, the victim came to go to the front of the dormitory parking lot.

1. Defendant B, at the above date and time, she saw the victim’s face at a time and at the above place of time on the ground that she abused the victim’s face at one time, and suffered injury, such as blood transfusion, by hand, on the ground that the victim was sleeped with the above A, and then she would go to the defendant again, on the ground that she would bring about the victim’s neck, and that she would go to the defendant again, she was suffering from the victim’s injury, such as blood transfusion, etc., without at least six weeks of the open two wounds.

2. Defendant A, on the ground that the victim assaulted the Defendant’s face by drinking at the above date, at the above time, and at the above place, he saw the victim’s face one time to see the victim’s face at one time, laid off the victim’s face beyond the floor, and then saw the victim’s face and body in drinking, the victim suffered injury, such as blood transfusion, etc., with no address for about six weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect C by the police;

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

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

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

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

1. The degree of injury suffered by the victim due to the assault by the Defendants on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B) shall be mitigated.

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