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(영문) 창원지방법원 통영지원 2017.04.19 2016고단1853
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as a member of the Defendant’s act grouping in the field of violence in the Tong-young area, on October 16, 2016, on the ground that, at around 03:30 on October 16, 2016, the Defendant changed the victim E (25 years old) who had drinking at the place of alcohol to be bad, she must see why she she she would see she she she would see she.

In doing so, “the victim’s face face was taken three times by drinking, and the victim was injured by ear 14-day injury, such as damage to ear satisfy that requires treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (fixtures of the victim's assault), photographs of the victim's assault part, records of the case handling 112 reported in the FJ 112, investigation report (Attachment of CCTV photographs on the surface of a crime, attachment of CCTV photographs, CCTV image CDs), and CCTV image analysis photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is minor injury (one month to one year) in the area of special mitigation (the person subject to special mitigation) (including the person subject to special mitigation), minor injury (including the person subject to serious efforts to recover damage), the amount of penalty not (including the amount of efforts to recover damage), or considerable damage is recovered;

3. The crime of this case committed by the Defendant, who was sentenced to the sentence, merely caused the injury on the ground that the victim is bad, and the police tried to assault the victim again even after the 112 report immediately after the damage, and the nature of the crime is not good, such as assaulting the victim’s friendship, assaulting the victim, etc., and the Defendant was sentenced to a heavy punishment for the crime of murder and attempted murder, and there was the record of being sentenced to a fine for the crime of assault and bodily injury after the completion of the execution of the sentence, and on the other hand, the Defendant appears to be contrary to the recognition of the crime of this case, and agreed with the victim.

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