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(영문) 창원지방법원 2019.08.13 2019고단761
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 04:35 on December 15, 2018, the Defendant: (a) at C Office, a delivery company where the Defendant works in Kimhae-si B, the immediately preceding Defendant d (n's age 17) in drinking alcohol; (b) made several calls from the victim D (the victim d's age 17) in drinking alcohol; (c) on the ground that the victim's face, etc. was 20:30 times from 20 to 30 times; and (d) faced with head on the floor by pushing the victim, the Defendant left the mind of diving on the floor; (d) caused the victim's face and clothes on several occasions; and (d) continued to take a face again, and caused damage to the victim's face and clothes on about 12 occasions, such as 14 days of drinking alcohol and damage to the victim's baby, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. In full view of all the circumstances indicated in the trial and records, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, the punishment as ordered shall be determined under Article 257(1) of the Criminal Act regarding criminal facts, and the reasons for sentencing a sentence of imprisonment with prison labor.

The favorable circumstances: The defendant committed the bodily injury in this case by seriously saving the victim who had a relationship with him/her, and the nature of the crime was very poor; the defendant committed the bodily injury in this case without being aware of the fact that he/she had been under suspension of execution; and there was a previous conviction in the same kind of crime.

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