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(영문) 부산지방법원 2015.07.16 2015고단38

상해등

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

1. Injury;

A. On June 18, 2014, around 00:40, the Defendant, under the influence of alcohol at a 101-dong 307 inside and outside of a building D, which is a residence in Busan YY-gu, Busan YY-gu, the Defendant 101-dong 307, left the face of the victim F (5 years of age) who is an infant E living together, on his/her hand, in a hand-on floor, and lost the awareness that the victim was living together with his/her door, etc., where the number of days of treatment cannot be known to the victim.

B. The Defendant above A.

At the same time and place as the same as the foregoing, the victim E (the 40-year-old age), due to the breathing of F as above, got out of the victim, and was taken so that the victim could not know the number of treatment days, and suffered bodily injury, such as tearing.

C. The Defendant, at around 00:50 on June 18, 2014, was above the same place.

Under the age of 43, the victim G(the age of 43) who was a resident of the upper floor who was going to a disturbance due to navigation was injured by flaging the victim's face by booming the victim's face at several times, flaging and pushing the flag, and blaging the victim's face so that the victim's flag could not know the number of treatment days.

2. The Defendant who destroyed and damaged property shall be subject to paragraph 1-C.

For the same reason at the same time, at the same place as the paragraph, the victim G was damaged by removing the inner diameter of the victim G from the floor by hand, and causing the city-disfiscence to the city.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and G;

1. Partial statement of witness E;

1. Statement of the police against E (No. 15 No. 15 of the evidence list);

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Copies of medical records;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of injury) and the choice of imprisonment with prison labor for the crime; and

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The extent of Article 62(1) of the Criminal Act is against the law, and there is an agreement with the victims.