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(영문) 부산지방법원 2020.06.12 2020고단523

상해

Text

A defendant shall be punished by imprisonment for six 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

around 21:35 on October 28, 2019, the Defendant expressed that “C” at the entrance of the main station in the Busan Young-gu, Busan, was demanded from the victim D (the age of 62) who is an employee of the main station to pay the main, and that “C does not have any money......................................., the Defendant took the victim’s knife by taking the victim’s knife at the entrance of the said main office, led the victim to the victim’s knife at the bar of the main office, knife the head part of the victim’s knife with the victim’s head knife at the head knife of the main office, and caused about four weeks of treatment for the victim’s body, and caused the victim’s injury to the victim, such as an open knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

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

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a medical certificate);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing criteria and the general injury [Type 1] general injury area (the scope of recommendation area and recommendation range], the basic area of punishment, April through June of imprisonment.

3. The sentence shall be determined as ordered in consideration of the records of this case and the sentencing conditions shown in the proceedings, such as the degree of injury suffered by the victim, the fact that the victim was not agreed with the victim, the criminal records of the defendant, the age, character and conduct, the environment of the defendant, the circumstances after the crime, etc.;