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(영문) 창원지방법원 진주지원 2019.09.18 2019고단785
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 00:52 on December 20, 2018, the injured Defendant inflicted injury on “C” located in Jinju-si B, and on the ground that the victim D (58 years of age) talked with a large sound while under the influence of alcohol, the injured Defendant received the victim D face one time due to his head, and the victim E (55 years of age) received the victim E face one time due to the defect head about to see the Defendant, and suffered injury that could not be known to the victim D, such as the number of days of treatment, the number of days of which the victim’s treatment is less than 3 cm, and the victim E did not know about the number of days of treatment.

2. The Defendant used a knife, which is a dangerous object, for the reason that the victim E continues to stop the Defendant at a time and place under Paragraph 1, and used a knife that is a dangerous object, and used the victim’s knife to commit the victim’s hife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to damaged photographs, caps photographs, medical records, certificates, and emergency medical services logs;

1. Article 257 (1) of the Criminal Act (the point of injury), Articles 261 and 260 (1) of the Criminal Act (the point of special violence) of the Criminal Act, the choice of imprisonment with prison labor for each crime;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Class I crime (Type 6) (Crimes of Violence): The area where repeated crimes and special assault are mitigated, and February through February of imprisonment;

(b) From February to October, the area to which the general injury (type 1) is mitigated (type 1), and from February to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with labor for two months to October 10;

2. Recognition of the crimes committed by the sentence and recognition of the crimes committed under the mutual consent between the victims and their members, and consideration of the record of punishment for the same crimes, the degree of damage, etc.

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