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(영문) 창원지방법원 거창지원 2018.01.24 2017고단320
상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant: (a) around 22:20 on June 10, 2017, at the Defendant’s residence located in Gyeongnam Development Group C; (b) the victim D (45 years) suffering from the Defendant’s residence together with E in a de facto marital relationship with the Defendant, and (c) the Defendant deemed E to have drinking. “I see why it is against a shelter,” and “I am drinking.”

on the ground that “the victim’s face part of the victim, who was wearing a balthm for drinking, was flaged on one occasion, and the victim suffered injury, such as her blood transfusion, which requires approximately two weeks of medical treatment, and at the same time damaged the victim’s safe test equivalent to KRW 50,000 at the market price.

2. On June 15, 2017, the Defendant: (a) around 13:50 on June 15, 2017; (b) around 13:50 on the place indicated in the above paragraph (1); (c) while drinking alcohol together with the victim D, the Defendant was under the influence of the victim, on the ground that the victim took a bath, the beer and the beer of the beer, which are dangerous objects, and the victim was under the influence of the victim’s head. (c) On the part of the beer and the victim was under the influence of the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury and written estimate;

1. Drawings and photographs of the upper part of the body and of the arche;

1. Application of Acts and subordinate statutes to report internal investigation (the details of the dispatch to the scene), each investigation report (the statement of a witness E, the counter-investigation of a police officer dispatched to the site, the attachment of a D opinion, and the attachment of a report for 112 cases);

1. Articles 258-2 (1), 257 (1) (a special injury) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Bodily Injury and Damage to Property);

1. Selection of imprisonment with prison labor for the crime of elective injury;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume (Article 53 and 55(1)3 of the Criminal Act (the fact that the defendant recognized the crime and reflects his/her mistake, and some of the circumstances leading to the crime shall be considered.

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