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(영문) 창원지방법원 통영지원 2017.07.07 2016고단1300
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:30 on July 21, 2016, the Defendant took a bath for the victim on the ground that he assaulted the Defendant’s wife in the nearby dry field C (the 66 years of age) before 18:6 years of age, while taking several times to the victim’s blick with his hand floor, and taken several times to the right shoulder of the victim’s right shoulder over one time, thereby causing injury to the victim, such as cutting the blick frame of the upper part, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of the witness with regard to D (part of the protocol at the third public trial);

1. Protocols of partial examination of witnesses to E (part of the fourth public trial protocol);

1. A medical certificate;

1. On-site and damaged photographs;

1. Investigation report (the counter party of the witness F) (the defendant and his defense counsel asserted that the defendant merely followed the victim once and did not inflict any injury on the victim, and that the defendant denied the fact of the crime, but it is sufficiently recognized that the defendant inflicted any injury on the victim, such as the facts constituting the crime in the judgment, in light of the background, consistency, treatment details and process of the victim, etc.

Application of Statutes

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to January 1) (the person who has no special sentencing seal].

3. The crime of this case by which the defendant was sentenced to punishment is committed by taking several times the shoulder of the victim, which is beyond the victim's shoulder, and the nature of the crime is poor, the degree of injury suffered by the victim is relatively heavy, and the victim is punished against the defendant, etc. are disadvantageous to the defendant.

However, there are some extenuating circumstances in regard to the circumstances in which the Defendant committed the instant crime, and the Defendant.

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