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(영문) 창원지방법원 진주지원 2017.10.18 2017고단544
상해등
Text

A defendant shall be punished by imprisonment for not less than three months.

Of the facts charged of this case, the charge of assault is dismissed.

Reasons

Punishment of the crime

1. On June 3, 2017, at around 20:10, the Defendant: (a) went to a main point in the “E” main points of the victim D’s operation in Jinju-si; (b) went to a main place in the influence of alcohol; and (c) went to hear the horses from the victim, the Defendant obstructed the victim’s main office operation by force by force, such as “I am going to a day off, whether I would have died from the death,” and “I am to a day after the death.”

2. In the above date, at the above time and place, the Defendant suffered from the victim F (n, 63 years of age), who is the seat of D, the victim’s hair was knife up to the floor, and the victim’s face was knife up to the floor, and the victim’s face was knife up to the victim’s body, and the victim’s flick and face was flick up to several times, and the victim suffered from injury, such as the right flick, the right flife, the right flife, the flife, the flife, etc., requiring four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. Bodily damaged photo of the F;

1. Photographs of injury to F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense, Article 257(1) of the Criminal Act, and Article 260(1) of the Criminal Act;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as provided for in the judgment with the largest punishment);

1. Application of the sentencing criteria;

(a) A crime No. 1: A sentence of recommending injury: A person subject to special sentencing between February and one year (the area of mitigation): A person not subject to punishment;

(b) Second offense: A sentence of recommending interference with business: A person who is subject to special sentencing between January and August (limited to mitigated areas): A person who is not subject to punishment;

(c) Many crimes: From February to April; and

2. The above sentencing factors and the defendant have the same criminal records and seven times, and this case is the face of the victim who is female.

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