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(영문) 창원지방법원 2018.06.27 2018고단898
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 January 28, 2018, the Defendant 15:30, at the parking lot adjacent to the heading bus stops located adjacent to the heading bus bus stops located adjacent to 263, Sungsan-gu, Sungsan-gu, Sungwon-si, Sungwon-si, 2018, and was under drinking together with the victim B (55 years). The Defendant her drinking to those who are under the influence of alcohol and the Defendant her desire to take a trial fee and the victim her bath “hing to those who are under the influence of alcohol,”

Now, on the ground of the fact that he said that he said that he was "I Don," the victim was pushed the victim who was seated with his hand and was her fingered, followed by several times the victim's breast part of his breast part, thereby causing injury to the victim, such as a flick section 2, 3, 4, 5, 6, and 9 on the right upper part and right side of the victim's breast part, which requires treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, report on dispatch to the scene of a assault incident, report on the diagnosis of an injury, and report on investigation (for hearing statements from the counter party to a shot C, hearing statements from a reporter D);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the content of the act of violence committed by the defendant and the degree of injury suffered by the victim are not somewhat weak.

Defendant has been punished several times for the same crime.

However, the Defendant recognized the instant crime and did not interfere with the same mistake.

The victim has been compensated for damage, and the victim does not want to punish the defendant.

In addition, the contents and details of the instant crime, the relationship between the Defendant and the victim, the circumstances after the crime, the age of the Defendant, and the sexual conduct, etc. shall be comprehensively determined as the sentence as ordered.

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