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(영문) 부산지방법원 2017.11.17 2017고단4331

상해

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2017, the Defendant: (a) around 23:33, on the ground that the victim C (hereinafter referred to as “C”) suffered a bad horse from the injured party after a shouldered with the customer center in the hot spring line of Busan subway No. 1 (1520, the center in Busan Dong-gu) around the end of the office of the customer center in the hot spring line of Busan subway No. 1 (1520, the center in Busan Dong-gu), and (b) caused the victim to face the left part of the breast part of the victim one time, and caused the victim to face the left part of the floor.

이로써 피고인은 피해자에게 좌측 대퇴 전자 간 골절( 大腿轉子間骨折, Intertrochanteric fracture), 좌측 눈 부위 찢어 짐 등의 상해( 약 8 주간 치료 필요 )를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of the investigation report (including closed television images) (1), each photograph/cinematographic outputs (including images of closed circuits) and statutes;

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 under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] general injury [the scope of punishment] and special aggravation area (6 to 3 months) of the special aggravation area (6 to 4 years of special aggravation] (the victim's sentencing range which is vulnerable to the crime (1 to 4 types)]: the victim's sentencing range which is vulnerable to the crime: six months to 3 years [ sentenced] according to the sentencing guidelines, the defendant was sentenced to a fine for the same crime in 2013 (the defendant's interest in the case where there is doubt that the defendant was sentenced to the punishment for the same crime during the period of probation (the defendant's interest will not be considered). Meanwhile, the treatment period is more than 8 months and the victim's age is old, so it is possible for him to treat, and any other reason exists in the examination report of evidence (the defendant's injury record).