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(영문) 창원지방법원 거창지원 2016.09.07 2016고단221
상해
Text

Defendant

A Imprisonment with prison labor for three months and for six months, respectively.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2016, Defendant A: (a) around 23:00, at the D riding club located in C, which was around 25:23:00, the victim B (the age of 25) who was the motive for the said riding club at the riding club; (b) and (c) while drinking together with B’s female-friendly job offers E, the victim was able to report that he/she frighted into E while drinking while drinking while drinking together with B, and attempted to restrain the victim from drinking; and (d) the victim’s face was frighted three times for 14-day medical treatment.

2. Defendant B, at the time and place specified in paragraph (1), she laid the victim on the floor while setting up the victim’s assault against the victim’s assault, and she inflicted an injury on the victim, such as an internal wall and a ductal that require treatment for about 56 days, by drinking the victim’s eye on the part of the victim’s neck, and making it possible for the victim to see the victim’s eye and

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Investigation report (in relation to attachment of the B injury diagnosis report), Defendant B

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of A Injury Medical Certificate);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Normal conditions favorable to Defendant A: The infant who was abandoned by the Defendant’s assault that he was originally damaged by his son, and that B was not punished by the Defendant;

(k) Unfavorable circumstances: Two times a previous convictions punished for committing violent crimes;

2. The circumstances favorable to Defendant B: The facts that there was no criminal conviction or any criminal record of suspended execution, which was punished due to the same criminal conduct, and the defendant was also liable for the occurrence of the crime of this case to A who inflicted an injury.

(k) Unfavorable circumstances: The fact that the defendant was out of a serious injury, but the defendant was not able to recover the damage properly; and

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