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(영문) 창원지방법원 통영지원 2013.04.30 2012고단991
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 20, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. in the Jinwon District Court's Jinju branch on September 20, 201 and completed the execution of the sentence in the Jinju prison on September 29, 2011.

1. At around 13:30 on June 3, 2012, the Defendant: (a) at the Dcafeteria parking lot located in Gosung-gun C, the Defendant, while drinking with the victim E (the age of 48) who was employed by the Defendant as a day-time employee and drinking with the victim for work, etc. while drinking with the Defendant, he was in a way of drinking with the victim; (b) he was sating the victim’s breath by drinking bat; (c) was sating the victim’s breath, sating the victim’s bat; and (d) was sating the victim’s bat with the victim’s bat and fat with the victim’s fating and kneeing the two fat that requires approximately three weeks of treatment.

2. The Defendant, at the time and place specified in paragraph 1, inflicted injury on the victim’s fighting with the Defendant, in light of the victim’s left side gate and inner part of the fighting with the victim’s fighting on the ground that the victim F (60 years of age) fights with the Defendant and E, and harming the victim by breaking the victim’s left side gate and the inner part of the fighting part of the fighting part, and

Summary of Evidence

1. Statement made by a witness F in the fourth trial record;

1. Each testimony of witness G and H;

1. Each police statement of E and F;

1. A medical certificate of injury and a medical certificate (No. 6 No. 5 of the evidence list);

1. Previous records: Reference references, such as criminal records, and criminal investigation reports (report on the previous records of disposition and results of confirmation, and filing of relevant written judgments, etc.);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. According to the sentencing guidelines in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent crimes, the defendant is recommended to be sentenced to six to three years of imprisonment for the defendant (the recommendation of the area where the general injury type is aggravated (the recognition of the same type of repeated crime as a special heavy factor), and Article 1 and 2 of the judgment shall be treated as multiple crimes). The defendant is identical to the defendant.

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