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(영문) 창원지방법원 2020.05.15 2020고단868
상해등
Text

A defendant shall be punished by imprisonment for 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

On October 31, 2019, at around 02:45, the Defendant visited the victim C’s 7th floor of Kimhae-si, a 7th floor of Kim Jong-si, as a customer. However, the Defendant visited the victim “D Maz site shop” which was operated by the victim C, but the victim was 6-7 times as drinking the victim’s face.

As a result, the Defendant damaged the victim's property, and inflicted injury on the victim, such as cutting off the body of the days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding C;

1. Reports on internal investigation (inspection and confirmation of the confirmation certificate of the victim's access to internal investigation);

1. Application of Acts and subordinate statutes concerning the purchase of photographs and goods;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act for reasons of sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) (Bodily Injury) Crimes: General injury [Type 1] General injury (Special Aggravation) - mitigated elements: Reduction area (including efforts to recover damage): Reduction area; Reduction area of punishment (including the scope of recommendation area and recommendation), imprisonment with labor for upcoming 2 to 10 months (general person) - Aggravation factors: Imposition of the same sentence not falling under repeated crimes and repeated crimes (less than 10 years after completion of its execution)

(b) Group 2 (Determination of Punishment) (Destruction of Property) (Destruction of Property) / [Type 1] Property Damage, etc. (Special Convicts) - Elements of Mitigations: Reductions (including serious efforts to recover damage): Reductions (including the area of recommendation and recommendation) / Reductions / Reductions / Reductions 1 to 6 months (general person)

(c) multiple crimes;

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