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(영문) 창원지방법원 통영지원 2013.05.21 2013고단46
상해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. 상해 피고인은 2013. 1. 8. 04:00경 경남 통영시 C주점 2호실에서 손바닥으로 도우미인 피해자 D(34세)의 뺨을 수 회 때리고, 불상의 단단한 물체로 고개를 숙이고 있는 피해자의 머리 부분을 1회 강하게 내려치고, 발로 피해자의 허리 부분을 걷어찼다.

Since then, E, the owner of the above main shop, entered the two rooms, and the defendant was able to make a report to the police, by putting the head of the victim's head on his hand, leading the victim's head to the vicinity of the entrance, leading the victim's head on several occasions, and walking the victim's side part on several occasions due to its generation, and making two times the left part of the victim's left part.

In light of the above, the Defendant inflicted an injury on the victim, resulting in the victim’s blood transfusion, etc., which requires approximately eight weeks of medical treatment.

2. The Defendant destroyed and damaged property at the time and place indicated in paragraph 1, 2, and 2, with plastic garbage bags owned by the said victim, was destroyed by leaving the victim E’s glass balance and margin, and the said victim’s market value was able to walk up.

3. The Defendant was arrested as a flagrant offender due to the act described in paragraphs (1) and (2) and was brought to the F District Unit of the Common Police Station around 04:50 on January 8, 2013.

In order to take the above D back to the hospital, the Defendant assaulted the victim G(38 years of age) who visited the said F Zone, on the ground that the victim G(38 years of age) interfered with the case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness E and D;

1. Protocol of inspection by this Court;

1. Each investigation report (Nos. 3, 8, 9, 20, 36 of the evidence list);

1. Inquiries and replys to inquiries from the head of H Hospital to the application of statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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