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(영문) 부산지방법원 동부지원 2017.04.27 2017고단238

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant became aware of the victim D (26 tax) who was an employee of the “C amusement shop” located in Busan-gu, Busan-gu, as a guest.

On November 28, 2016, the Defendant did not pay the credit value of the above entertainment week from the victims of damage around 01:30 on November 28, 2016.

The request for deposit.

“On receipt of the text message, the victim called “E” and called the victim’s “E”.

The Defendant, at around 02:13 on the same day, 02:13, on the front side of the “E main store” located in the F of the Busan Suwon-gu, when the injured party who was suffering from his own phone changed the credit value, and caused the defect to her hand and drinking to approximately five times.

As a result, the Defendant inflicted an injury on the victim, such as the inner part and the upper part of the chin, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports, photographs of victims, and investigation reports (Attachment of a written diagnosis of injury);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, and the order to attend a lecture [the scope of recommendation] general injury [the scope of recommendation] general injury [the person subject to special mitigation] in the mitigation area (two months to one year] [the person subject to special mitigation], six months of imprisonment, and two years of suspended sentence, multiple criminal records against the defendant, and the defendant committed multiple violent crimes. The defendant was arrested as a flagrant offender immediately after the crime of this case and led to the investigation agency, and his attitude was very poor. These factors are the sentencing factors against the defendant.

However, considering the fact that the defendant's mistake appears to have been divided and reflected, the degree of injury of this case is relatively minor, the fact that the defendant agreed with the victim, and all other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the age, sexual behavior, environment, etc., the punishment as shown in the text shall be determined.