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(영문) 창원지방법원 통영지원 2016.07.27 2016고단706
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On May 14, 2016, the Defendant, around 23:20 around 23:20, at the street in front of the non-Dong-gun apartment complex located in 12, a road of 47 other than the Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and on the ground that the Defendant and C referred to the husband of the above C as “this opening year”, the Defendant took a bath to the victim on the ground that the Defendant and C were the husband of the said non-Dong-gun apartment complex, and brought about two times the victim’s head injury to the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. A medical certificate;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general injury to the basic area (from April to January 1) (the person who has no special sentencing factors] of the first type;

2. Determination of sentence - Determination of favorable circumstances: the injury of the victim does not seem to have so serious, and there is no particular criminal record between the last 15 years;

(k) Unfavorable circumstances: A person who has not taken a measure for the recovery of damage to the victim; a person who has old age but has been punished for a crime related to the same kind of violence;

An order to attend a course is issued on the basis of reflective and sexual reflection, setting the sentencing conditions of Article 51 of the Criminal Act, taking into account the Defendant’s age, sex, environment, and circumstances after the commission of the crime.

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