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(영문) 부산지방법원 2015.08.18 2015고단4212

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 May 27, 2015, at around 02:29, the Defendant received personnel from the victim E (the age of 39) who was born of the previous violent organization, such as the transfer from the Dota located in the Busan Seo-gu, Busan, and expressed that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Accordingly, the victim was placed in the face of the victim once due to the reason that he/she takes the victim's care of the victim's "I sweare."

After that, the Defendant heard from the victim the victim’s words “I am????????? I am see?? I am ?? I am ??? I am am ???? I am me see the victim’s face two times due to their drinking.

피고인은 이에 대응하여 재차 머리로 피해자의 얼굴 부위를 들이받고, 바닥에 쓰러진 피해자의 멱살을 잡아 반쯤 일으켜 세운 다음 주먹과 무릎으로 피해자의 얼굴 부위를 때리고 찼다.

As can be seen, the Defendant got the victim to receive treatment for about four weeks, such as a pacific spacifism.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to F, G, and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of photographs, ctv photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the circumstances, such as confession of the accused, agreement with the victim, and exemption from the punishment of the victim);

1. The mitigated area of category 1 among the "general injury" in the sentencing guidelines for violent crimes with reasons under Article 62-2 of the Criminal Act: two months to one year; and