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(영문) 창원지방법원 통영지원 2013.12.20 2013고단734
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 21:40 on September 1, 2013, the Defendant expressed the victim’s debt repayment to the Defendant, and the Defendant expressed the victim’s desire to “YY Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y Y YY Y YY Y Y Y Y Y Y Y Y

As a result, the Defendant inflicted bodily injury on the victim, such as chrokes and tensions that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the defendant among the reasons for sentencing), one to one year of imprisonment is recommended (see, e.g., recommendation on special mitigation of the type of “general injury” (see, e.g., recommendation on minor injury as special mitigation factors; hereinafter “voluntary efforts to recover from damage”)). The fact that several criminal records due to violent crimes are available can be considered as the reasons for sentencing unfavorable to the defendant.

However, considering the fact that the defendant reflects the fact that he/she deposited KRW 1 million for the victim, the reasons for sentencing favorable to the defendant, and the other reasons for sentencing such as the age, occupation, family relationship, motive for crime, etc. of the defendant shall be determined in the same manner as the order.

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