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(영문) 부산지방법원 동부지원 2017.10.19 2017고단1385

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 25, 2017, around 17:45, the Defendant, on the ground that the victim D (54 years old) was invaded before the Defendant’s person, in C’s 8th floor corridor located in Busan Shipping Daegu B, Busan. In the instant case, the Defendant “Ne that he did not want to hear.”

씨 발 왜 내 앞에서 만 하 노, 입 다물고 소리 내지 마라” 고 욕설하면서 오른 손바닥으로 피해자의 왼쪽 빰을 수회 때리고 들고 있던 플라스틱 컵으로 피해자의 왼쪽 얼굴 부위를 내리쳐 약 3 주간의 치료를 요하는 뇌진탕, 안면 부 열상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

1. Article 257 (1) of the Act applicable to the facts constituting the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed against a patient hospitalized in the same hospital. The crime of this case is disadvantageous to the victim, such as: (a) the nature of the crime is bad; (b) the Defendant did not make all efforts to repay damage; and (c) the victim wanting to punish the Defendant.

However, it is advantageous to the fact that the defendant recognizes the facts charged and reflects the facts charged, the injury of the victim is very heavy, and the defendant is not subject to a relatively minor fine once as a crime of double species, and there is no criminal conviction.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes: Violence Crime Group, General Injury, Type 1 (General Injury, etc.)