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(영문) 창원지방법원 마산지원 2020.03.24 2019고단1112
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

At around 19:40 on July 30, 2019, the Defendant: (a) was drunkly in the “Dking practice room” operated by the Victim C (year 57) in Changwon-si, Changwon-si; (b) however, the Defendant inflicted an injury on the victim, such as a scarf, etc. of a chest gate that requires approximately two weeks of treatment on the part of the victim, following the Defendant’s answer that “the victim was under the influence of alcohol; (c) hinging the victim’s face by hand; (d) hing the victim’s face; and (e) hing the victim’s face by drinking; and (e) hing the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. The first written statement made to C at the police station;

1. A report on internal investigation (measures for returning home after driving and attaching, etc. photographs of damaged parts of the victim);

1. A report on internal investigation (Attachment to a medical certificate for injury);

1. Application of the Acts and subordinate statutes to investigation reports (on-site CCTV images and photographs);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], four months to one year and six months.

3. When the victim who operates a singing room refuses the Defendant’s request, the Defendant inflicted an injury on the victim.

Even in 2017, there is a little punishment for injury and interference with business against the same victim, but it is not good to commit the crime of this case.

Although the crime was finally recognized, it does not seem to be serious, such as denying the crime at the beginning of the trial, and criticism the victim.

The damage has not been recovered, and the victim rather wants to punish the defendant.

Defendant has been punished several times due to violent crimes, including the same kind of crime.

However, the injury suffered by the victim is too serious.

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