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(영문) 인천지방법원 부천지원 2013.11.28 2013고정1445

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 14, 2013, at around 22:00, the Defendant inflicted injury on the victim D (n,e.g., the age 51) in front of the 504-dong, Seocheon-gu, Seocheon-gu, 2013, due to a vehicle contact accident. A dispute has occurred during the middle of the dispute, the victim's chest was pushed over the victim's breast part, thereby causing about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and E each testimony;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one day converted into 50,000 won) of the Criminal Act;

1. The phrase "when the circumstances prior to the opening of sentence" in the condition of suspended sentence refers to a case where the defendant would not be subject to the punishment even if the sentence was not imposed considering comprehensively the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, and the situation where the defendant would not be subject to the punishment again. On the contrary, the phrase "where the circumstances prior to the opening of sentence is obvious" is limited to a case where the defendant is in depth of the crime, or it is not interpreted that the suspension of sentence may not be always made in a case where the defendant denies the criminal facts without confession.

(See Supreme Court en banc Decision 2001Do6138, Feb. 20, 2003) Article 59(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 200) provides that the crime of this case was caused by a minor dispute between the defendant and the victim, not only the defendant but also the victim was punished for the physical contacts between the defendant and the victim, and at the time, the defendant and the victim's family members were at the same time at the same time at the site, and the degree of injury to the victim was not significant, and the defendant appears to be punished by a fine around 204.