beta
(영문) 부산지방법원 2018.06.15 2018고단952

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Although there is no phrase “D” in the charge of a container gambling in the Geum-gu Busan Metropolitan City on January 11, 2018, the Defendant did not say “D” and “out of a container gambling room” in the charge of the charge of the container gambling in the Geum-gu Busan Metropolitan City on January 11, 2018, according to the evidence examined by this court, it seems that the above is apparent and apparent, and it would be more clearly clear that it would constitute the instant crime, and it would not be likely that it would hinder the Defendant’s defense by recognizing it without any changes in the indictment.

In this context, while the victim E (E 61 tax, hereinafter referred to as “E”), he tried to listen from the Defendant the phrase “I am, because I am, because I am, because I am, I am, I am, I am, I am, and we am from the container gambling.”

Accordingly, the Defendant got off the victim's breast part by booming the victim's breast part outside a container stuff, and the victim's rear water was faced with the victim's rear part of the parking lot.

As a result, although the defendant is called "two sponsives" in the facts charged, the defendant's two sponsives, etc., according to the evidence examined by this court, such as the certificate of hospitalization and photographs, it cannot be seen as "two sponsives, etc." and it does not interfere with the defendant's exercise of his right to defense

(the number of days of treatment was not the case).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E;

1. Application of Acts and subordinate statutes of a investigative report (including a regular report), each photograph/cinematographic output (including a closure of the video), and a hospitalization confirmation document;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommended punishment] general injury [the scope of recommended punishment] are as follows: (a) the mitigation area (two months to one year) [the special mitigation person] [the sentencing criteria] is not imposed.