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(영문) 창원지방법원 2014.04.08 2013고단3933
상해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On October 20, 2012, at around 04:0, the Defendant: (a) around 04:0, at the “D restaurant” located in Kimhae-si, the Defendant carried to a restaurant; (b) took the Defendant back the restaurant; and (c) took part in the restaurant with the victim on the ground that he was pushed down by the victim E (age 51) who was the customer, the Defendant was pushed down; (d) took part of the victim’s left eye on one occasion; and (e) took part of the part of the drinking alcohol once, taking part of the part of the victim’s left eye on one occasion; and (e) took part of the part of the drinking alcohol for about three weeks, the Defendant sustained injury, such as the heat monbing to the right side of the drinking alcohol (age 1,2 softens)” and the part around the mouth.

2. The Defendant: (a) committed assault and damage to the victim’s face face face while taking the victim’s bath, such as “Chewing years,” on the ground that the victim F (the 46-year-old) was able to wear the Defendant at the same time and at the same place as the preceding paragraph; (b) destroyed and damaged the victim’s market price by 395,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate and quotation;

1. Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

6. In addition, the defendant, who has been punished several times (one time of imprisonment, three times of suspended execution of imprisonment, and six times of fine) for the crime of violence with the reason of sentencing under Article 62-2(1) of the Criminal Act of probation and community service order, is not subject to the punishment for the crime of this case.

However, it shall be considered in favor of the fact that the mistake is recognized, the degree of damage is not serious, and the sentencing conditions, such as character, behavior and environment, etc. of the defendant, are imposed.

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