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(영문) 창원지방법원 2016.05.20 2016고단426
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2015, the Defendant: (a) around 22:30, the Defendant, while drinking together with the victim D (30) in a singing room located in the Gu, was singing the victim’s face on the ground that the injured person singing together with the victim D (30) was singing together with the Defendant’s partner, and singing out the victim’s face by drinking together; and (b) sustained injury to the victim, who continued walking over the face and drinking of the victim, caused approximately eight weeks of treatment to the victim, such as the mouth of internal walls and internal walls.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) shall be the mitigated area (two months to one year) (the person subject to special mitigation];

2. Determination of sentence: (a) the part of the victim’s injury caused by the instant crime and the degree of such injury are disadvantageous to the Defendant.

The punishment shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's time to commit the instant crime and the fact that the defendant committed the instant crime in a contingent manner while under the influence of alcohol, the fact that the victim does not want the punishment against the defendant, and other favorable circumstances such as the victim's age, sexual conduct, relationship with the victim, motive, means and consequence of the instant crime, etc., the sentencing conditions stipulated in Article 51 of the Criminal Act, the scope of recommended punishment in the sentencing guidelines set by the Supreme Court sentencing committee, including the circumstances after the crime, etc.

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