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(영문) 부산지방법원 2019.03.14 2018고단5846

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. Around 03:20 on November 12, 2018, the injured Defendant lent tobacco to the victim D (the age of 20) before the elevator with the "C" single in Busan Yandong-gu B, and the said victim provided tobacco to the victim “I do not have a string,” and the said victim provided that “I do not have a string,” with the defect that “I do not have a string,” and on the left hand, she saw the bring of the said victim two times with the bring hand of the said victim. The said victim’s hand was flick with the above victim’s hand on the ground that the said victim did not know a specific person. On the other hand, on the ground that the said victim did not look at the heading of the said victim, the victim’s nose was sealed, and the said victim sustained the above victim’s knick with the victim’s hand on the ground that the said victim continued to do so.

2. Around November 12, 2018, the Defendant assaulted the victim E (year 21) with a baton hand, who works at the above place, and without any special reason, at the main place, and with a baton of bucks of the victim E (year 21).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the crime;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Class 2 crime that is applicable to the sentencing guidelines [the scope of recommendations] is not the basic area (4-1-6 months) (the special person) of category 1 (the scope of recommendations) and the basic area (2) of category 1 (the general area of harm by general person) (the scope of recommendations) of the sentencing guidelines.