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(영문) 부산지방법원 2015.12.16 2015고단5407

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 26, 2015, the Defendant, at the main point of "C" located in Seo-gu Daejeon, Daejeon on April 01:0, on the ground that the Defendant, while drinking in Seo-gu, Seo-gu, Daejeon, on the ground that the Defendant d (nick, 23 years of age) and E, F, G, the Defendant took a dispute on the ground that the Defendant was imped against the victim. On the ground that the victim was hicked with the hicked fish on the table, the Defendant, and the Defendant, based on the 500 knick of plastic material located on the table of the table, led the victim to the face of the victim and the close frame of the inside floor and the floor requiring treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a written diagnosis of injury, and damaged photographs;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Election of Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [decision of types] general injuries, types 1 (General Bodily Injury), basic area (Special Convicts) where victims are fully responsible for the occurrence of crimes ( mitigated factors), serious injuries (Scope of sentence of recommendation) (Scope of sentence of punishment), April 1 to June 1;

2. In light of the fact that the decision-making damage has not been recovered so far and that the Defendant committed the instant crime during the period of suspension of execution, etc., a punishment shall be strictly imposed against the Defendant, but the victim shall also be deemed to have considerable responsibility. The punishment shall be determined by comprehensively taking into account the motive and background of the instant crime, the age, character and conduct, environment, etc