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(영문) 창원지방법원 통영지원 2013.08.22 2013고단44
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 of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 25) are those who were in the relationship of company partnership using the same dormitory while serving in C.

On November 13, 2012, at the dormitory located in D apartment 308 Dong 405, 13, 2012, around 22:30, Gyeongnam-si, the Defendant said that the victim would be slickly sleepd from the ward and slickly slicked the victim in diving.

The Defendant, on the ground that the Defendant her age was hyeed by annoying victim as he was hyeed, and the Defendant inflicted injury on the victim’s face by walking the victim’s face one time due to hye, thereby causing approximately five weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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. According to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, six months to two years of imprisonment for the accused is recommended (see, e.g., recommendation for the aggravated area of the type of “general injury” (see, e.g., recommendation for the aggravated area of the crime). Considering the above special aggravation factors and the victim’s intent to punish the accused’s severe punishment, the sentencing factors that are favorable to the accused shall be considered.

Other grounds for sentencing, such as the defendant's age, family relations, motive of crime, etc., shall be determined in the same manner as the disposition.

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