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(영문) 부산지방법원 동부지원 2017.10.26 2017고단1827

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2, 2017, at around 02:30, the Defendant: (a) considered that the female-borns B and C, who come to drink together with the victim D(24 aged) to drink alcohol in a waterside park located in 109, the riverside park located in Busan, Suwon-gu, Busan, and caused injury to the victim, i.e., the victim’s face 3 times as drinking, and kneee, knee, knee, and 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports of victims;

1. Article 257 (1) of the Act applicable to the facts constituting the crime, the choice of punishment, and the choice 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 ( Taking into account the favorable circumstances in which the sentencing was committed) is an unfavorable circumstance where the crime of this case was committed by using violence and causing injury to the bones, bones, salke, etc. requiring approximately eight weeks’ medical treatment. The crime is bad in nature, and the Defendant’s ability to receive juvenile protective disposition due to robbery, etc. is likely to have been committed.

However, it is advantageous to the fact that the defendant recognized the facts charged, the defendant agreed with the victim, and the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes: Violence Crime Group, General Injury, Type 1 (General Injury, etc.)