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(영문) 창원지방법원 2016.04.12 2015고단3555
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

1. On November 20, 2015, the injured Defendant: (a) 16:50 on the street in front of the central market in the Haguk-dong, Jari-gu, Jari-gu, Jari-gu, who was driven by the injured Party B (66 years of age) and took a bath to the injured; and (b) 17:00 on the same day, the injured Defendant saw the injured party’s face at three times of receiving a demand from the injured party on the street of the E pharmacy located in the Chang-gu, Jari-gu, Jari-gu, Changwon-si, the injured party laid off the victim’s unfluencing body for the number of days of treatment.

2. On November 20, 2015, the Defendant assaulted the driver of a motor vehicle in operation when the victim B gets to the left at the right distance from the front of G pharmacy located in the former F, which was driven by the victim B in the direction of a shock box at the time of the creation of the friend around November 17:14, 2015, and interfered with the driving of the friend by taking hand of the said friend, which occurs at the back of the front seat of the friend, while interfering with the driving of the friend by interfering with the driving of the frib

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 of a medical certificate;

1. Article 257 (1) of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver) concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In the case of the first-class crime on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of a recommendation] general injury [the scope of a punishment] (the person subject to special mitigation from February to one year), in the mitigated area (including efforts to recover damage), in the case of not having been punished (including serious efforts to recover damage), or in the case of recovery of considerable damage, the second-class crime [the scope of a recommendation] in the basic area (including February to October), in the basic area (including special mitigation) [the person subject to special mitigation] (including a serious effort to recover damage), or in the case of the recovery of considerable damage (including a serious effort to recover damage), in the case of assaulting the driver of a vehicle in operation (the first-class).

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