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(영문) 창원지방법원 2020.06.11 2019고단4112
상해
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2019, the Defendant: (a) around 21:25, around 2019, while drinking alcohol together with the workplace club fee including the victim D (year 41) at the Cju in Kimhae-si B, the Defendant: (b) reported the victim’s impulse to E who is another workplace club; and (c) reported the victim’s face twice as drinking; and (d) continued to have a dispute with the victim in front of the said main shop, the Defendant sustained the victim’s face with drinking and kneekne, and sustained the victim’s injury, such as the closure of the internal body with which treatment for about six weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of victims and witnesses;

1. Photographs and diagnostic certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the defendant include the following: (a) the degree of injury of reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act is serious; (b) the victim is not agreed with; and (c) the Defendant has criminal records related to violence

On the other hand, the fact that the crime of this case appears to have occurred contingent, and that the defendant deposited one million won for the victim is favorable to the defendant.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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