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(영문) 창원지방법원 2013.10.04 2013고단1920
상해
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

On June 23, 2013, at around 23:50, the Defendant got off with the victim D (year 51) in front of the building Kimhae-si, and got off one time a part of the victim's entrance, and suffered injury, such as a brupt, which requires approximately three weeks of treatment, on the ground that the Defendant was faced with the shoulder of the victim D (year 51) in front of the building in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is as follows: (a) the Defendant was sentenced to a fine of three million won due to an injury at the Changwon District Court on August 1, 201; (b) the Defendant’s criminal records of violence are eight times or more; (c) the route of the road is heavy by exercising violence immediately against the Defendant’s disadvantage; (d) the fact that the Defendant’s act of violence is against the Defendant when committing a crime is committed; (c) the Defendant seems to have been committed dynamicly under the influence of alcohol; (d) the Defendant appears to have expressed his intention of not to punish the victim; (e) the victim’s injury is not much serious; and (e) the fact that the victim agreed with the victim is not excessive; and (e) the punishment is determined in favor of the victim.

It is so decided as per Disposition for the above reasons.

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