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(영문) 창원지방법원 마산지원 2014.07.16 2013고단684
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 March 8, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for injury to the Changwon District Court Msan Branch, etc., and the said judgment became final and conclusive on November 8, 2013.

At around 13:50 on June 7, 2013, the Defendant: (a) viewed “F” restaurant operated by the injured party C (hereinafter “F”) in the E market located in Changwon-si, Changwon-si; (b) had the injured party “F” while drinking alcohol; and (c) had the injured party hing the horses “hing the panty, hing, or mathing, hinging the horses “Fing so that they do not use” from the injured party, and followed the victim’s head collection by hand; and (d) had the injured party hing down two weeks of the injured party’s left head collection by hand; (e) had the injured party hing the injured party one time at the hand, and had the injured party injured two hinges that require two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness C and G;

1. A written diagnosis of injury;

1. A photograph of the upper part of the damaged body;

1. A copy of the judgment in this Court 2012 High Court Order 454, High Court Order 2013 High Court Order 152 (Consolidated)

1. Application of the statute as a result of case search

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] General Extent of Bodily Injury (In general, from February to one year) and the mitigated area (Special Mitigation) (Article 1 and 4) (Article 62-2) (Article 62-2 of the Criminal Act). The portion of not guilty of a minor injury (Article 1 and 4)

1. On October 9, 2013, the Defendant: (a) at the entrance of “F” restaurant of the E market shopping mall C (n, 52 years old) in Changwon-si, Changwon-si; (b) on the ground that the Defendant had expressed another person a desire to commit a crime against the victim, the Defendant, at the hand of the victim who received a claim from the victim, pushed the victim over the floor and pushed the victim over the floor; and (c) on the other hand, the Defendant got the victim to undergo a medical treatment for a period of up to one week.

2. A witness who is admitted as evidence corresponding to the above facts charged.

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