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(영문) 부산지방법원서부지원 2020.08.21 2020고단397

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 17, 2019, at around 20:30, the Defendant, under the influence of alcohol at the city bus transfer platform at the entrance of the Busan Northern-gu B market, brought the victim’s face to the victim C, waiting for the bus at his/her own seat, brought the victim’s face back to the victim’s face. The Defendant continued to break out the victim’s rear part of the bus going beyond the front of the bus where the victim stops, brought the victim’s rear part of the bus where the victim stops, and brought the victim’s face into India, and caused the victim’s injury, such as the escape of the red vehicle inside the inner seat, the escape of the open air system, and the escape of the credit of the open air base, and the departure of the credit of the open air base, etc., where the number of treatment days cannot be known, due to the outbreak of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Attachment of a video photograph) to C on the police statement (Attachment of a video photograph) and internal investigation (Attachment of a victim's opinion);

1. Application of the video CD-related Acts and subordinate statutes

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service Order under Article 62(1) of the Criminal Act is deemed to have inflicted bodily injury upon the victim on bus platform without any particular reason, and the crime is very bad in light of the criminal background, method, etc., and the degree of injury suffered by the victim is also serious.

Although the defendant had been punished several times due to the same kind of crime, he again committed the crime of this case.

However, the defendant appears to have committed a crime, the defendant paid KRW 30 million to the victim, and the defendant agreed to do so under favorable circumstances. In addition, the defendant's age and happiness environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the sentencing conditions in the arguments of this case and the records shall be comprehensively taken into account, and the punishment shall be determined as ordered.