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(영문) 창원지방법원 진주지원 2014.08.19 2014고단546
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014Kadan546] On April 22, 2014, the Defendant: (a) around the entrance of the victim D (Inn, 49 years of age) located in Jinju-si, the Defendant, while under the influence of alcohol, had the victim suffer from things or lacks the ability to make a decision; and (b) took the victim’s face into the house without any justifiable reason, and took part of the victim’s face.

As a result, the defendant put the victim into a medical examination for about 12 days of treatment.

[2014Kadan681] Around 19:10 on June 12, 2014, the Defendant: (a) under the influence of alcohol on the front side of F Council members in Jinju-si, the Defendant took a bath to the victim G (the age of 81) who is married with the victim, without any justifiable reason, while drunking the victim’s face at one time due to drinking; (b) took one time after the victim’s arms into the victim’s body, she took the victim’s body, and she took the victim’s body several times due to the outbreak, and she took a part in the victim’s body, etc., requiring treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D, G, and H;

1. Commissioning for appraisal;

1. A written diagnosis of injury;

1. Application of each statute on photographs of damage;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury) and the choice of imprisonment for the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have the record of having already been punished several times for the same kind of crime, the Defendant committed the instant crime against women and elderly victims without any justifiable reason, and the Defendant committed the instant crime again while he was prosecuted for the preceding crime, and committed the subsequent crime again while he was prosecuted for the crime, and did not completely recover from actual damage to the victim G, so it is inevitable to sentence a sentence of punishment.

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