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(영문) 창원지방법원 마산지원 2018.11.13 2018고단707
상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal records] On July 10, 2018, the Defendant was sentenced to a suspended sentence of five months for a special assault, etc. at the Changwon District Court Msan Branch, and the judgment became final and conclusive on July 18, 2018.

[2] On June 3, 2018, Defendant 2018, Defendant 707, around 21:50, was refused to receive credit from the victim D at the entrance of the singing room operated by the victim D in the Chang-si Mawon-si, Changwon-si, and the victim's head debt at the entrance of the singing room was cut off, and walking the victim's head debt at the entrance of the singing room. On the other hand, Defendant 2018, 201, Defendant 3, following the victim, had the victim walked with the victim's head debt and walked with the body part of the victim's body. Accordingly, Defendant 3, following the victim, suffered from injury, such as dives and dives that require approximately three weeks of treatment.

On July 5, 2018, 2018, the victim E (the remaining, the age of 57) committed assault by the defendant at one time on the ground that it cannot be known due to the alcohol in the waiting room of a bus terminal in the Masan-si, the Changwon-si, the Changwon-si, the Masan-si, the Masan-si, the Masan-si, the 3:15, and 756.

As above, the Defendant 1: (a) laid down the victim’s arms and chests in his hands by cutting them over the floor; (b) laid down a part of the victim’s face one time; (c) laid down in the vicinity of the victim’s face one time; and (d) inflicted injury on the victim, i.e., the victim’s shouldering for about six weeks of treatment.

Summary of Evidence

2018 Highest 707

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (Submission of a medical certificate) 2018 high group 844;

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Previous records of written diagnosis;

1. Previous convictions in judgment: (A) a written inquiry about criminal history of the case No. 2018 Highest 844, (A), a criminal report (the fact that a suspect A is ex post concurrent crimes, etc.), and the application of the text of the judgment;

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense, respectively;

1. Selection of penalty: Imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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