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(영문) 창원지방법원 2017.06.08 2017고단576
상해
Text

A defendant shall be punished by imprisonment for six 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

On February 11, 2017, at around 20:30, the Defendant, while drinking alcohol, as the victim D, carried the victim’s chests from the move to a hand on the ground that the victim was a large, and when the victim’s arms are sold to him/her due to drinking, on the following floor, carried out approximately two weeks of treatment on the part of the victim, with the drinking water cans on the following floor, and carried out approximately two weeks of treatment on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of a medical 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (the basic area of general injury: April - January 1) shall be determined as per the disposition.

The favorable circumstances: The defendant appears to have committed the crime of this case in a more contingent manner while under the influence of alcohol, and the defendant has not been subject to a more severe punishment than a fine for the same kind of crime, and the degree of injury of the victim due to the crime of this case is not excessive: The defendant has been subject to punishment several times due to violent crimes, and the crime of this case is not good and there is no agreement with the victim.

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