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(영문) 창원지방법원 2015.06.24 2014고단3403
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2013, the Defendant: (a) around 19:30 on October 1, 2013, the victim E (the age of 45) was under the influence of alcohol so that the victim E (the age of 45) was faced with the Defendant’s daily movement; (b) obstructed the Defendant’s right side side part of the Defendant’s road, and obstructed the Defendant’s body by leaving the victim’s face and chest part; and (c) sustained the victim’s bodily injury, such as her luminous bones, her mouth, and her fluora, for about four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A certificate of complaint, diagnosis certificate, and medical record duplicate;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The defendant and his defense counsel asserted that the part of the right side of the defendant's right side of the road at the time when the defendant was faced with the victim, and that the victim's face and chest part cannot be taken.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court: (i) the victim consistently states that the Defendant was injured by taking the face and chest part from the investigative agency to this court; (ii) the degree of injury is heavy; and (iii) it is difficult to deem the Defendant as being injured in the course of pushing the victim in order to avoid a sudden attack; and (iv) the victim’s face and chest part is sufficiently recognized, and thus, the Defendant’s assertion is not accepted.

Reasons for sentencing

1. The sentencing criteria shall be;

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