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(영문) 창원지방법원 밀양지원 2016.09.08 2016고단319
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

Criminal facts

On July 10, 2016, the Defendant: (a) on July 10, 2016, at the Cromana corridor located in Cromana, the Defendant: (b) aboard a taxi driven by the victim D (the age of 48) and arrived in front of the singing room; and (c) under the influence of alcohol, caused the victim to enter the victim into the singing room, with the victim’s face at one time, with the victim’s face at one time via drinking without any justifiable reason, and (d) caused the victim to take approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Where the range of the recommended sentence on the sentencing guidelines [decision of types] and the general injury (including serious efforts to recover damage) of category 1 (the general injury factors) (the decision of the recommended area] or considerable damage has been recovered from the mitigated area (the decision of the recommended area], two months to one year [the scope of the recommended area] from two months to one year (the serious reflective factors) of imprisonment.

3. Whether or not to suspend the execution - The main reasons for such a suspension - Costs of positive punishment (including a serious effort to recover damage) - The reasons for general participation: positive reflection.

4. The decision of sentence has the same criminal records as to the defendant, and the defendant did not know himself during the suspension of execution and did not appear to commit the crime of this case, but thereafter, the decision of sentence was made as ordered in consideration of the agreement with the victim as soon as possible and contradictoryly.

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