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(영문) 창원지방법원 밀양지원 2017.04.27 2017고단77
상해등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. On July 26, 2016, the injured Defendant suffered injury to the victim, following the following: (a) around the D convenience store located in Syang-si, Kimyang-si around 10:00, on the ground that the victim’s E (46 years) and drinking alcohol were boomed on the ground that the victim took a bath; (b) the victim’s face was boomed over by drinking, and the victim’s chest was taken on the breast part of the victim’s chest, thereby requiring treatment for about 14 days.

2. On November 8, 2016, at the entrance of the H point entrance of the victim G management H located in 00:30 square meters, the Defendant damaged the victim’s property by cutting off three parts of 100,000 won at the victim’s market price, which was set up in the relevant place under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Photographs of each damaged part;

1. Application of Acts and subordinate statutes governing admission and discharge;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime of Category 1 (Assaults) (Extent of recommending Punishment) (hereinafter referred to as "Aggravated Punishment"), the area of mitigation (two months to one year), the area of punishment not for punishment (including serious efforts to recover damage), or where considerable damage has been recovered;

(b) Cases where the mitigated area (one to six months) of the mitigated area (one-month), the punishment is not suspended (including serious efforts to recover damage), or substantial damage is recovered from the mitigated area (including one-way efforts to recover damage) of the second-class crime (the scope of the recommended punishment) (the scope of punishment) general standards;

(c) The scope of final sentence due to the aggravation of multiple offenses: February to January 1.

2. The sentencing criteria set forth in the sentencing guidelines shall be recommended in consideration of the following circumstances and the Defendant’s age, environment, motive, means and consequence of the commission of the commission, and the circumstances after the commission of the commission of the commission.

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