beta
(영문) 부산지방법원 2018.04.13 2018고합37

상해치사

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 30, 2017, the Defendant 21:30 on December 30, 2017, when boarding the subway from the subway station of the subway station of 1101, the subway station of 1101, and then making a large amount of mobile phone call, and continued to do so with the victim D (58 tax) who was boarding the same column, such as “at least a comparison in the subway,” but did not neglect it. However, the Defendant was very defective because the victim saw the Defendant, was able to take the desire of the Defendant, was sleeping the part of the Defendant’s but sts.

At around 21:41 on the same day, the Defendant, at the 2nd floor platform in the subway line of the subway No. 3, the subway No. 153, as the Busan East-gu, Busan-si, caused the injury to the victim, by putting the Defendant’s shoulder at the same entrance, and putting the Defendant’s shoulder at the same entrance, and breaking the bad horses at the same time, putting the victim’s right side of the victim’s walk at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with respect to E and F;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of CCTV images of private offices, subwayss);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [types] and the period (two months to one year from the imprisonment with prison labor) that has reduced the number of general injuries caused by violence (including serious efforts to recover damage).

3. The crime of this case by which the sentence of sentence was rendered is that the defendant inflicted an injury upon the face while engaging in a dispute with the victim of 58 years old or older who calls for an early call in the subway, and the method and content of the crime, and the defendant escaped without taking any particular measure after the crime of this case.