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(영문) 창원지방법원 2019.03.14 2018고단1568
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on November 12, 2017, the Defendant: (a) sent the victim D(32 years of age) to the “Ccafeteria” located in Seongbuk-gu, Changwon-si; (b) opened the victim’s face three times in drinking, and opened the victim’s face three times in drinking; and (c) opened the victim’s face one time in drinking; and (d) opened the victim’s face with the victim’s face without knowing the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on internal investigation:

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant again went to commit the instant crime even though he/she had been subject to punishment several times due to the same or similar criminal records, and that he/she took the attitude of emphasizing criminal justice procedures by conducting investigation and trial-oriented escape life.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, background leading up to the crime, details and degree of injury, and circumstances after the crime, shall be determined as ordered in consideration of the following circumstances: Provided, That the punishment shall be determined as ordered by mutual consent with the victim, and the victim does not want the punishment of the defendant.

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